in loco parentis
by Sugar McGundy
Summary: The death of his wife and daughter left a hole in his heart that could never be filled. But a little boy with special needs will change his life forever. Tony KIDFIC. AU. Please read A/N.
1. Chapter 1

**_in loco parentis_****_ - _**A person or institution that assumes parental rights and duties for a minor.

**Note** - This is a Tony kidfic and is therefore wildly AU. Some characters will appear in roles that have no correlation to their roles on the show. Please be aware that there will be a traumatic injury suffered by a child, so if this is not your "cup of tea" go no further and let's part as friends. It makes no sense to ignore this warning and criticize me later.

Although it will begin as a "disabled" fic, there will be significant recovery along the way. As this is the initial chapter, there is quite a bit of set up to do, however, I do not intend for this to occur very often. I hope you enjoy the story.

**_in loco parentis_**

_**Chapter 1.**_

Anthony DiNozzo Senior was a man in crisis. During the worst of his wife's long illness and following her subsequent death he had halved his workload and handed the running of two of his business enterprises to his trusted friend and business partner, Marco Firelli, only to find the man had milked his companies dry and left him with a huge financial headache. When DiNozzo confronted him, Firelli admitted that he had been coerced into investing over fifteen million dollars into Grosvenor Imports to finance several large illegal weapons shipments from South East Asia. Just days after his confession, Firelli was killed in an unsolved hit and run accident.

James Grosvenor was a second-generation arms dealer who operated with remarkable candour in the north-eastern states of the US. Several attempts by various government agencies to infiltrate and close down his organization had failed spectacularly, leading to the popular consensus that Grosvenor was lining the pockets of highly placed law enforcement, judicial and government officials. Days after Firelli's death, Grosvenor approached DiNozzo, attempting to extort more money for his own purposes and threatening to ruin his reputation as a legitimate businessman. Anthony DiNozzo Senior had worked too hard and sacrificed too much to let a modern-day gangster tear his business empire down. He asked Grosvenor for time to gather the money but secretly contacted the FBI, desperately looking for a way out.

The Attorney General's office had approved entry into the witness protection program for DiNozzo and his son, in return for his testimony but, so far, DiNozzo had baulked. He was trapped between a rock and a hard place – sell his soul to the devil and be forever at Grosvenor's beck and call or turn state's evidence and enter the witness protection program. Either way, life would never be the same for DiNozzo and his boy.

* * *

><p>Gibbs paced the front steps of the stately residence, breathing deeply to calm himself. He held his cell to his ear and gritted his teeth as Director Vance tried to justify why the FBI was playing the Cinderella role in this investigation and NCIS was once again cast as the ugly step-sister.<p>

"Inter-agency investigation, my ass," Gibbs growled into his cell. "You and I both know that who's running this show, Leon."

"I don't like this any better than you do," Vance said. "But the FBI's six-month investigation into the illegal importation of weapons, trumps our lance corporal trying to buy a few Chinese manufactured assault rifles. Our orders are clear, the FBI has the lead and we get to watch the action from the cheap seats."

"You mean lack of action," the former marine replied. "I'm not convinced DiNozzo's going to play ball and testify. This is the second time Fornell and I've been out here and we're no closer to getting him to agree."

"It's a big decision," Vance said. "DiNozzo gains nothing if he chooses to testify. He and his boy will be placed in the witness protection program and will lose everything."

Gibbs glanced around at the grandiose house, the expanse of manicured lawns and the magnificent oak trees that fiercely guarded the privacy of the residents. One thing was certain, there was a lot to give up. A barely audible sound had him reaching for his weapon, while his keen eyes scanned the area nearby. The noise sounded again and he zeroed in on the silhouetted shape near the top of a tall oak tree. Too large for a bird or animal, the shape was too small for a man and Gibbs secured his Sig as he recognised the small boy he'd seen briefly on his last visit.

"I understand your frustration, Gibbs," Vance continued. "But your role in this case is to represent NCIS and to provide back-up and support to Agent Fornell. No more and no less, is that understood?"

"Understood," Gibbs replied distractedly, ending the call and not taking his eyes from the tree.

The tree was almost as wide as it was tall and the boy was perched among the smaller branches near the top, at least forty feet above the ground. As Gibbs approached he recognised the sound of hiccupping sobs. He waited unnoticed and then spoke in a quiet voice so as not to startle the child.

"Sure is a great tree."

The sobbing stopped and the boy stilled as Gibbs continued.

"I bet you can see for miles up there. I had a tree just like this one when I was about your age. Used to climb to the top and sit there for hours."

He chanced a quick look up the tree and saw he had the boy's attention.

"You hurt?"

The boy shook his head and wiped the tears from his face with the bottom of his t-shirt.

"Mind if I come up? Kinda like to check out the view."

A long moment passed before Gibbs saw the nonchalant shrug. He rounded the trunk and selected his first foothold. The branches reached out from the enormous trunk at regular intervals, making it an excellent climbing tree. Tony didn't look down but he felt the branches shudder slightly as the agent climbed steadily upward. Gibbs ventured as high as he dared, noting that the higher branches would not hold his weight. Settling himself on a sturdy bough just below the boy, Gibbs whistled through his teeth.

"Yup, just what I thought. Sure is a great view from up here."

Keeping his voice and his gaze casual, Gibbs assessed the boy for signs of injury, relieved when none were obvious. The child was small for his eight years, not skinny but not far from it. His sandy hair was windswept and his small face was pale, highlighting the sprinkling of tiny freckles on the bridge of his nose. Large green eyes, red-rimmed from crying, were filled with a pain no child should have to bear.

"My name's Gibbs…you must be Tony."

The boy didn't move a muscle, didn't even blink an eye to acknowledge the agent's presence. He just sat, stony faced and continued to stare at a photograph tightly clasped in his small hand. The image was that of a woman; blessed with classic beauty, sparkling green eyes and an enchanting smile that would light up any room.

Gibbs knew that Tony's mother had passed away from a serious illness a few months ago and it was clear that the boy was still grieving deeply.

"Your Mom was a very beautiful woman," he said softly.

The little head turned slowly toward him and then nodded slowly.

"You must miss her very much."

Fresh tears filled his eyes and he fought desperately to keep them from falling.

"It's okay to miss people, Tony, to be sad that they've gone away."

Two fat tears spilled down the boy's cheeks and he caught his lower lip between his teeth to keep from crying aloud. A long moment later, the boy spoke in a low, flat voice.

"My Mom and I used to lie on the grass and look up at the sky. In the daytime we'd make shapes in the clouds and at night we'd watch the stars. We'd watch old movies and eat caramel popcorn," the boy's voice wavered as he continued. "She always made time for me…she was never too busy."

"Sounds like you've got some special memories," Gibbs said gently. "You share 'em with your Dad?"

Tony dropped his head.

"He doesn't like to talk about her."

"That why you climb all the way up here? To talk to your Mom?" he almost added 'to cry alone.'

The sandy-blonde head nodded again.

"It's my favourite place…and I don't want to make my Dad sad."

"Know what I think? I think your Dad would a lot sadder if he knew you were out here on your own."

"Maybe…but he's been busy and I can be a real bother sometimes."

"He tell ya that?" Gibbs asked, shoving his anger aside for the boy's sake.

He received his answer as Tony glanced away, his chin wobbling slightly.

"There's nothing wrong with tears, Tony. They help you let go of the sadness. Then, your heart can heal and lock in all those special memories of your Mom," Gibbs reached into his jacket and withdrew his business card. "Tell ya what, why don't you take my number and if you ever need me or you just want to talk, you give me a call, okay?"

Tony stared at the business card, before raising hopeful eyes to Gibbs.

"Really?" he asked, searching the agent's face for any sign of a lie.

"Really," Gibbs replied, watching as the small hand tentatively reached out and took the card. "Now, why don't you let me help you down from here?"

Gibbs reached a hand up to the boy who shook his head emphatically.

"I can do it myself," the boy whispered shakily as he climbed down to Gibbs' branch.

"That's what I'm trying to tell ya, Tony," the man said, slipping an arm around the slim shoulders, "you don't have to do this all by yourself."

The small body stiffened and a sob escaped as he covered his face with his hands and wept silent, heartbreaking sobs of grief and loneliness. Gibbs stayed close, rubbing his back, but letting him cry. After a moment, the agent leaned forward and spoke softly into the boy's ear.

"It's gonna be okay, sport."

The boy twisted around toward him, giving in to the need to feel arms securely around him…any arms. Still he cried, hot tears on the agent's shoulder, his face pressed into Gibbs' collar. When, finally, the tears subsided and sobs gave way to hiccups, Gibbs handed Tony a hanky and the boy used it to wipe his face and blow his nose then he pulled away, his face burning with embarrassment at his perceived lack of control.

"Why don't we go down together," Gibbs suggested.

Nodding shyly, Tony started to climb down the tree, secure in the knowledge that, if he should lose his grip, the agent would not let him fall.

* * *

><p>Placing his change in the tips jar, Gibbs left the coffee shop and headed back to the NCIS building. Shrugging into his coat to ward off the bitterly cold wind, he took a long scalding swig of coffee, feeling the liquid burn all the way to his stomach.<p>

What the hell was wrong with him? It had been only a few days since he first laid eyes on the small boy and yet, he was all Gibbs could think about. There was something about the kid that had punched a hole in the former marine's armour and exposed a gaping hole in his life and in his heart – a hole left vacant by the agonising loss of his own beloved wife and child.

After their last meeting, Gibbs had taken it upon himself to do an extensive background search on Anthony DiNozzo Senior. For all intents and purposes, DiNozzo was a shrewd and honest businessman who had put himself through school and built a large and successful corporation. He had an unblemished reputation in business circles, no police record and his personal and business taxation records were all in order.

DiNozzo Senior was an exemplary provider for his late wife and his child but as any man worth his salt knew, there was much more to being a husband and father than a luxurious house and a fancy school could give. From what Gibbs had witnessed, DiNozzo had furnished his son with all the material things he could dream of but deprived him of the emotional support he longed for. Gibbs felt his heart clench at the thought of the little green-eyed boy, grieving for his mother and unable to seek comfort from his father.

Passing through the security check at the entrance to the building, Gibbs nodded to the guards as he re-holstered his sidearm and entered the elevator. As the car started upward he flicked the emergency switch and cursed loudly. What was he thinking? The boy had a father – a man who he loved and who, in his own way, loved him in return. Tony was where he should be, he was with his father.

If Senior agreed to testify, he and Tony would disappear into witness protection program and Gibbs would never see them again. Their lives would be forever changed but they would be safe and they would be together. Consciously pushing the boy from his mind, he flicked the switch again to release the elevator and resume his own life.

He arrived at the bullpen to find Fornell sitting at his desk. The senior FBI agent advised that DiNozzo had requested another meeting and Gibbs grabbed the keys to the agency sedan before he had time to think. Fornell was more than surprised by his old friend's willingness to continue in the unaccustomed role of second fiddle.

"DiNozzo's still pretty skittish," Fornell said. "There's no guarantee this meeting will be any more productive than the last two."

"Ya think, Tobias?" Gibbs replied.

"What I'm saying is, if you want to sit this one out I can brief you later."

"This is an inter-agency matter. You telling me that the FBI would rather NCIS have no involvement at all?"

Fornell shot a confused look at Gibbs' senior field agent but Kate just shrugged and returned her attention to her computer.

"What's with the change of heart?" Fornell asked. "A few days ago I had to drag you there kicking and screaming all the way."

Gibbs answered the question with an irritated glare as he strode quickly toward the elevator.

"Kate, it's 1600. When you're finished your reports, you, McGee and Mitchell call it a day."

"Right, Gibbs," Kate answered with another shrug for Fornell's benefit. "We'll see you in the morning."

She waited until the lead agent had left the bullpen before turning to her teammates.

"Is it just me or has Gibbs been acting differently the last few days?"

"Differently, how?" Probationary Special Agent Brett Mitchell asked.

"I don't know…a little more…"

"Human?" McGee offered.

"Exactly!" Kate replied. "He's been acting more human."

"Isn't that a good thing?" Mitchell asked.

Kate and McGee exchanged a worried look.

"Not with Gibbs," they said together.

* * *

><p>As Fornell and DiNozzo began another round of discussions, Gibbs stood at the back of the grandiose study. The sound of a bouncing ball attracted his attention and he slipped out of the room to investigate. Following the sound across the back courtyard he found Tony shooting baskets on a makeshift court near the pool house.<p>

"Nice shot," he said as the ball skirted the rim and then dropped through the hoop.

Tony smiled bashfully at the compliment as Gibbs gathered the rebound.

"Hi, Agent Gibbs," he said quietly.

"Hi, yourself," Gibbs replied, pointing to the hoop with his chin. "You any good?"

"I'm okay, I guess," the boy shrugged.

"How 'bout a little one-on-one? First to seven points."

"You…you wanna play with me?" Tony asked, his green-eyes lighting up.

"Sure, if you promise to go easy on me."

"I promise, Agent Gibbs" the boy nodded earnestly.

Gibbs gave the youngster a four-point start and watched keenly as the shy boy came alive on the court. Tony's confidence grew with every point scored and every steal or rebound taken. There was no doubt that the kid had good athletic ability and a natural feel for the game but the child glowed with every word of praise Gibbs uttered.

With the score at 6-6, Gibbs feigned a fumble that returned possession to the boy. Tony pivoted and tried to fake the much larger man. Swooping the boy off the ground Gibbs lifted Tony high into the air so he could slam-dunk the winning shot.

"Good game," Gibbs said, ruffling the boy's hair affectionately. "You must be a real asset to your team."

"I don't play on a team," Tony said failing to hide his disappointment. "Coach Raynor asked me to play for my school but my dad said no. He said I need to concentrate on my grades if I'm going to take over the family business one day."

"That what you want?"

Tony worried his lower lip and looked up through long dark lashes.

"You won't tell?" he asked.

"I won't tell."

"I'd love to be on the team. Coach says I have a real special talent for sports. No one has ever said that to me before, Agent Gibbs…'cept my Mom. She used to tell me I was special all the time."

"Well, it must be right."

"You really think so?" the boy asked hopefully.

"Mom's never lie about things like that," Gibbs told him, clipping him lightly under the chin.

"Tony!"

The boy startled as DiNozzo Senior's voice rang out across the courtyard.

"I have to go!" he said quickly before running toward the house with Gibbs trailing slowly in his wake.

"Am I to assume that, as you are playing basketball, you have finished your homework assignment?"

Tony's head dropped immediately and he instinctively drew back into his shell.

"You know the rules, Anthony, school work first. Now, go to your room and we'll discuss this later."

"Yes, Sir," Tony said quietly, his face flushed with embarrassment and his eyes filled with tears he refused to shed. He excused himself and returned to the house.

After the boy had gone, Fornell extended his hand to DiNozzo with a promise to call in the morning. As Senior offered his hand to Gibbs, he stated coolly.

"I hope my son wasn't being a bother, Agent Gibbs. Tony sometimes lacks discipline."

"He was no bother," Gibbs defended, unable to suppress his irritation. "He's eight years old and he misses his Mom. Maybe if he didn't spend so much time alone-"

"You have the nerve to tell me how to treat my own son? How dare you!" Senior blustered. "Everything I am trying to do is for Anthony. I love my son, Agent Gibbs and he loves me."

"Then maybe you should try telling him that," Gibbs growled stepping right into DiNozzo's personal space. "You're not the only one grieving."

"Gibbs, that's enough!" Fornell snapped. "We're leaving, I'll meet you in the car."

With a lingering glare that could have started the ice age, Gibbs moved off and walked to the large sweeping driveway where he'd parked the car. As he was climbing behind the wheel, he spotted movement from an upstairs window and turned to see the boy watching him nervously. Forcing a smile, Gibbs waved goodbye and received a tiny wave in reply before the curtains were drawn and the boy was gone.

* * *

><p>For the next two days, Gibbs battled the urge to call the DiNozzo home and ask to speak with Tony. He reached for his cell on several occasions only to change his mind at the last moment. His team were at a loss to understand his unusual distraction but knew the former marine well enough to know not to ask.<p>

At eight-thirty the following evening, the MCRT were returning to the office from a crime scene when Gibbs' received a call that would change his life forever.

* * *

><p>Hope that was okay. More soon.<p> 


	2. Chapter 2

Note: Thank you for your support, alerts and reviews. All greatly appreciated.

Warning: This chapter contains a traumatic injury to a child and subsequent medical procedures. I am not a medical professional and while I have taken care to be as accurate and credible as I can, I have acted on the assumption that you'd rather read a story than a medical journal and hope any oversights, shortcuts or errors can be forgiven in favour of the story. :)

_**In loco parentis**_

_**Chapter 2.**_

The usually imperturbable Doctor Donald Mallard looked uncharacteristically harried as he bustled from the elevator and headed for the nurses' station. He turned at the sound of his name and saw Kate approaching with a cup of coffee in one hand and concern marring her attractive face.

"Thanks for coming, Ducky, I know it's late," she said taking hold of his elbow and guiding him further down the corridor.

"Not at all, my dear," the doctor replied. "Is there any news of the boy?"

"Still in surgery," Kate replied. "It's touch and go."

"Good Lord," he whispered, with a shake of his head. "And Jethro?"

They stopped in front of the closed door to the male staff locker room.

"He's in there. He's…."

She took a moment to choose her words carefully.

"Caitlyn?"

"I've never seen him like this before, Ducky. We've worked dozens of cases involving kids and Gibbs has always been _great_ with them…but this is different…_he's_ different."

"He does seem to have developed a deep affection for the boy."

"It's more than that; he completely lost it at the crime scene. If McGee and Mitchell hadn't pulled him away from one of Grosvenor's men, I think Gibbs would have killed him."

"Oh my, I see what you mean. How long has he been in there?"

"About 15 minutes. The doctors wouldn't let him into the surgical waiting room while he was covered in blood."

"Was he injured?"

Kate shook her head solemnly.

"It was the boy's blood."

"I see…although given your description of his behaviour at the crime scene, I am surprised that Jethro agreed so readily_,_" Ducky replied.

"I told you, Ducky, this has really rattled him. I have to get back…can you?" Kate pointed with her chin at the closed door and raised the cup of still steaming coffee.

"Ah…" Ducky chuckled. "To tame the wild beast?"

"Something like that," she smiled as she started down the corridor. Only a few steps away, she turned back, the concerned frown reappearing on her face. "Ducky?"

"I'll call you as soon as there's any news," he anticipated.

He watched as she continued to the elevator then, with a weary sigh, he entered the locker room.

* * *

><p>Dressed in a borrowed surgical scrub top, Gibbs stood at the sink repeatedly pressing the button on the liquid soap dispenser. Frantically scrubbing his skin with a nailbrush, he lathered both arms to the elbow before turning on the faucet and plunging them under the scalding water. He watched in sickening horror as the water turned red with Tony's life-force as it swirled down the drain. Raising his hands to inspect them, he saw the faint stains of blood still evident in the creases of his hands and fingers and remembered how the coppery liquid had been warm and slick as he'd tried to stem the bleeding from the small boy's back.<p>

He closed his eyes against the too-vivid memory, knowing the image of Tony bleeding out in his arms was etched indelibly into his mind. Gibbs was a man who had experienced the horrors of war and had witnessed bloody atrocities right here at home. He was at a loss to understand why the hurt and suffering of this little boy affected him so deeply – but it did. Bile burned the back of his throat and he fled to the nearest cubicle, emptying the meagre contents of his stomach. Flushing the toilet, he walked on shaking legs back to the sink and scrubbed his face with cold water. He looked at his reflection in the mirror, barely recognising the haunted eyes that returned his gaze and then grew bleak with recall…

**_0~0~0~0~0~0~0~0~0~0~Flashback~0~0~0~0~0~0~0~0~0~0~0_**

_Gibbs answered his cell to the sound of Tony's young voice, shrill and trembling with terror as he pleaded for Gibbs to help him. Though the details were shrouded in sobs of fear and barely controlled panic, Gibbs understood enough – two unknown men had broken into the DiNozzo home and were beating the boy's father._

_The agency car surged forward as he forced the gas pedal to the floor and watched the odometer needle jump violently as he steered toward the DiNozzo residence. _

"_Tony, we're on our way," he said tucking his cell into the crook of his neck as he rounded a tight corner. "We'll be there in a few minutes. I want you to find someplace safe and hide. Do you understand?" _

"_They're hurting my Dad, Agent Gibbs," the boy sobbed. "I have to help him!"_

"_Listen to me, Tony, you helped your Dad by calling us. Now I need you to hide where those men won't find you, okay?"_

"_Okay, I'll-"_

_The sound of yelling preceded two gunshots and Gibbs' blood ran cold at the sound of the boy's terrified scream._

"_Nooooo!"_

"_Tony! Tony!" Gibbs yelled into dead air as the connection dropped out._

_Urging every unit of horsepower from the sedan, Gibbs was barely aware of the rapid discussions taking place in the car until his agents reported back to him._

"_Fornell's on his way, Gibbs," Kate said, holding tightly to the doorframe as they took another turn at near breakneck speed._

"_EMT's and LEO's are en route, Boss," McGee stated from the back. "They've been alerted that there's a child on scene."_

_Even before Gibbs had stopped the car, Mitchell was out and running for the sturdy iron gates protecting the DiNozzo residence. Finding the electronic lock shattered, he pushed the gates open and allowed the car entry. Switching the headlights off, Gibbs drove forward quickly and parked in the shadows. Climbing from the car the agents donned their vests and quietly entered the darkened house. Using hand signals, Gibbs immediately ordered Kate and Mitchell to clear the upstairs rooms and look for Tony. _

_Moving stealthily into the living room, Gibbs and McGee located the body of Anthony DiNozzo Senior lying face down on the floor. Kneeling, McGee felt for a pulse then shook his head grimly. The former marine felt his chest tighten at the thought of more sorrow ahead for the young boy. _

_Sounds from the study caught their attention and the agents moved forward to stand either side of the door. Receiving a nod to proceed, McGee kicked the door opened and the agents moved in. Shouting loudly, they identified themselves as federal agents and ordered the men to put their hands in the air. A large bald man turned and fired hastily at the agents, the bullet narrowly missing McGee's head. Gibbs placed two rounds into the man's chest and the other man immediately surrendered. __McGee searched the men for ID and produced their wallets. The dead man's licence identified him as Ivan Grant while the other man was known as Bill Sturges._

_Having cleared the upstairs rooms and the remainder of the house, Kate and Mitchell arrived in the study._

"_Tony?" Gibbs asked anxiously._

"_Couldn't find him, Boss," Mitchell replied._

"_Check again, under the beds, in the cupboards, in the attic - anywhere a kid could hide," Gibbs said, leading the way and calling to the frightened boy._

_After a more thorough check of the house the boy was still missing and Gibbs returned to the study with fierce intent evident in his blue eyes. Grabbing two fistfuls of the larger man's shirt, the lead agent forced him back against the wall with a sickening thud._

"_Where's the boy?" Gibbs hissed._

"_I don't know," Sturges replied._

_The agent raised his forearm and thrust it against Sturges' windpipe effectively pinning him to the wall by the neck. _

"_You've just taken your last breath," the lead agent snarled applying more pressure. _

"_I didn't see him, I swear!" Sturges choked out. _

"_Not good enough!" Gibbs seethed, tightening his grip further and cutting off the man's air supply. _

_Sturges' eyes bulged fearfully as he struggled for air. His face rapidly changed colour and a large vein throbbed prominently on his forehead._

"_Let him go, Gibbs!" Kate told him worriedly. "He's our link to Grosvenor – you kill him and Tony's father died for nothing."_

_When Gibbs failed to respond, McGee and Mitchell exchanged an anxious look and moved in, physically restraining the lead agent and hauling him away from the gasping man. Jerking his arms from his agents grip Gibbs fought to suppress his incandescent fury. He drew his weapon and aimed it fixedly at Sturges' heart._

"_Last chance. Where is the boy?" he demanded through tightly clenched teeth._

"_I…I heard him yell when…when Grant offed his old man but…I didn't see where he went. I came in here and Grant went outside after the kid."_

_Gibbs' eyes widened as realisation struck. He turned quickly and urged his bad knee beyond its limitations as he sprinted from the house, across the manicured lawn toward Tony's favourite tree. The sound of sirens drew nearer as he desperately called the boy's name and squinted into the darkness. Icy tendrils of fear clenched tightly around his heart as he saw the small form lying face down and frighteningly still at the base of the tree. _

'_Oh, no, no, no, no, no!' his mind screamed as he forced himself to keep running._

_Skidding to a stop at Tony's side, Gibbs dropped to one knee and with trembling fingers he fumbled for the pulse point below the boy's jaw line. His thoughts came to a halt as he stared in growing horror at the blood that had saturated Tony's shirt. The former marine's heart hammered as if it was about to burst from his chest as he realised there was no pulse. His mind refused the possibility of death even as his hands presented him with proof. No pulse. No breathing. No life._

_"We need a medic!" he yelled as he gently lifted Tony's shirt to see blood flowing freely from the bullet wound in the boy's back. His panic growing, Gibbs pressed down on the wound with the heel of his hand, feeling Tony's blood pumping out from beneath it._

_'God, no!' his mind pleaded. 'This isn't happening.'_

_The sound of running feet registered in his consciousness as Kate and McGee arrived. Together, they gently manoeuvred the boy onto his back and immediately started CPR and rescue breathing. _

"_Come on, Tony, don't do this," Gibbs urged quietly. "Breathe!"_

_Time appeared to stand still until the command to move out of the way broke him from his living nightmare. He looked up to see the EMT's moving into position and taking over CPR from Kate and McGee. They instantly got to work on the boy, placing an ambu bag over his nose and mouth and setting up a portable defibrillator._

_Steeling his features into professional detachment, Gibbs watched helplessly as the EMT's shocked the small body three times before attaining sinus rhythm. The medical-speak was beyond him as were the names of the life-saving fluids being administered by IV but as the boy was lifted onto a gurney and placed in the back of an ambulance the former marine new one thing for certain - his place was with Tony._

**_0~0~0~0~0~0~0~0~0~0~End Flashback~0~0~0~0~0~0~0~0~0~0~0_**

"Jethro?" Ducky's concerned voice disturbed his recollections and brought his focus back to the present. "Caitlyn thought you might be in need of a coffee."

As he reached for the cup Gibbs' lips quirked in silent thanks.

"Any news on Tony?" he asked.

"I've only just arrived," Ducky replied. "Caitlyn said the lad was still in surgery."

"They shot him, Duck," Gibbs said in a hoarse whisper. "He was trying to hide and the bastards shot him in the back."

The ME silently appraised his friend. He had known Leroy Jethro Gibbs for many years but rarely had he seen the look of raw vulnerability his friend was now exhibiting. Whatever else this child had done, he had managed to tear down the walls the former marine had constructed around his heart. The boy was in surgery fighting for his life but the man was wounded soul deep.

"It's going to be a long night," Ducky said. "What say we find somewhere to wait with comfortable chairs, an endless supply of coffee?"

Glad for the company, Gibbs nodded and followed Ducky from the locker room.

* * *

><p>Over the next few hours while Tony was still in surgery, Gibbs had McGee work with hospital officials to establish the boy's next of kin. While he had no known relatives in the US, his father's younger brother lived with his wife in Geneva, Switzerland and hospital counsellors were endeavouring to contact them.<p>

Ducky used his connections at the hospital to arrange for Gibbs to stay with Tony, arguing that although they were not related, it was Gibbs the boy called when he had needed help. Eventually, Tony was transferred from the recovery ward to a cubicle in the PICU and a sombre looking surgeon approached, identifying himself as Doctor Leigh McNally. Ducky watched the colour drain from his friend's usually unreadable face as the doctor explained the boy's condition.

The bullet wound to Tony's back had ruptured his spleen and nicked his left kidney and colon. While the kidney and colon were surgically repaired and would heal without further complication, the spleen had to be removed. The splenic rupture had caused massive blood loss that had impeded the boy's blood and oxygen circulation and caused him to suffer a cardiac arrest. Preliminary testing had indicated that the child had been clinically dead for several minutes.

"Minutes?" Gibbs repeated, his expression remaining neutral but his eyes telegraphed his deep concern.

"Due to lack of oxygen, brain damage is almost guaranteed after four minutes," McNally advised.

"What kind of brain damage," he asked the doctor.

"We won't really know the extent of the damage until he wakes."

Gibbs' insistent glare told the doctor that he was not going to be so easily put off. With a weary sigh, McNally continued to explain other possible complications.

"Cerebral hypoxia can result in a number of conditions including difficulty learning complex tasks, short-term memory loss, or the ability to express emotions or interpret what one sees," Doctor McNally explained. "It can also lead to much more serious issues such as epilepsy, problems with speech and language, paralysis and in extreme cases it can leave the patient in a vegetative state."

Gibbs grazed his thumb and forefinger over sleep deprived eyes.

"The good news is that Tony's brain wave patterns have ruled out vegetative state," McNally said. "But unfortunately, beyond that, all I can suggest is that you hope for the best but prepare for the worst."

"Can we see him?" Gibbs asked.

"Of course. You should know that we've placed Tony in an induced coma and he's currently on a ventilator to allow his body to concentrate on healing. Over the next 48 hours, we'll be using an EEG to monitor his brain activity. Try not to be put off by the amount of equipment and tubing, we have excellent staff and facilities here and Tony is in very good hands."

* * *

><p>By the time they entered the PICU, the sun was just beginning to send a few timid streams of light through the dark sky. McNally was right; the sight of the small boy, connected to a variety of life-sustaining machines and monitors was almost Gibbs' undoing. Tony looked lost in the large bed. His hair was plastered to his forehead, his cheeks flushed with post-operative fever. The little chest rose and fell unnaturally to the hissing sound of the ventilator. Twenty small electrodes were carefully glued to his forehead and scalp, the wires interconnecting to the EEG. Gibbs moved closer to the bed, leaned over the rail and cupped the young boy's face with a gentle hand.<p>

"I'm here, Tony," he whispered. "You're not alone."

Ducky moved to the end of the bed and removed the boy's chart, casting a discerning eye over the notations.

"He's comfortable and isn't in any pain," he informed his friend "The ventilator is not breathing for him, it's helping him to breathe. The machine allows him to take some breaths by himself and it takes over when he gets tired."

The ME watched as Gibbs pushed a long, damp strand of hair from the boys face while gently rubbing his arm. Fatigued by a sleepless night of concern, Ducky moved the two chairs by the wall closer to the bed and the men sat down. Gibbs leaned forward and reached out, seemingly needing constant contact with the boy. Ducky had just begun to doze when Gibbs spoke.

"What happens if his uncle can't take him?"

"I expect that would depend on his parents' wishes," Ducky replied. "A man with the financial status of Anthony's father would surely have made plans for his family and his estate."

"And if he didn't?"

"On the remote chance that no arrangements were made and, of course, if his uncle chose not to take custody, the court would appoint a guardian for Anthony."

"Social Services."

"Perhaps, but I would exp-" Ducky stopped abruptly and looked at his friend. "You're not considering becoming the boy's legal guardian?"

The agent shrugged.

"That's up to Tony."

"Jethro, I know you're taken with the boy and believe me, I could think of no better man to be a part of his life. But to raise him alone? The child is going to have special needs. He may even require around the clock care."

"He's a little boy, Duck. He's badly hurt and he's alone. He needs someone who cares about him."

"I couldn't agree more. All I'm saying is that you need to think this through. Do you honestly believe that you could be the sole carer of a special needs child when you work such extraordinary hours?"

"I'm not saying I wouldn't need help, Duck," Gibbs said. "I'll speak to Vance - see if he can cut through some red tape. Then I'll resign and take my pension. I got enough savings to hire some help if we need it."

"You're really serious? You'd resign from NCIS?"

"Did two tours of the Gulf and worked for NCIS for more years than I can count. I served my country, Duck."

"Yes, yes of course you did, no one is disputing that," Ducky said, noting that his friend had not broken contact with the boy since they entered the room. He recognised the set of the agent's jaw and huffed out a laugh. "He must be quite a remarkable lad."

"He is," Gibbs replied feeling his throat close up.

"Then, my friend, should circumstances warrant, you will have my full support in whatever decision you make."

They continued their silent vigil and with Ducky snoring softly beside him, Gibbs tried to clear his mind. When Shannon and Kelly died, he'd been overwhelmed by grief and the guilt that he hadn't been there to protect them. Buried under the weight of his pain, he continued to exist but stopped living. Was life about to hand him a second chance? He looked at the little boy in the bed and felt his heart constrict at the physical and emotional pain that waited for him when he woke. Ducky was right, there were a hundred things standing in the way of his becoming Tony's legal guardian. While he did not fully understand the overwhelming urge to do so, he knew without doubt, that he needed this little boy in his life.

* * *

><p>Thanks again for the support.<p> 


	3. Chapter 3

**Reminder: Some characters will appear in roles that have no correlation to their roles on the show. This is an AU story.**

_**In loco Parentis**_

_**Chapter 3.**_

Time over the next 72 hours, was measured in the changing of the shifts, the dimming and brightening of the lights on the PICU ward and the number of empty Styrofoam coffee cups on the small bedside table next the lead agent's chair.

In his off-duty hours, Gibbs kept up his vigil by the small boy's bed, watching keenly as the parade of medical staff worked with clockwork precision and efficiency. Each one nodded and assured him that the boy's condition was stable, however, his gut tightened painfully at the concerned expressions and hushed conversations held just out of his exceptional hearing range.

He was exhausted. He needed a shower, a shave and to close his eyes for a few hours but most of all he needed Tony to wake up.

The FBI's insistence on taking the lead in the DiNozzo case meant that the Bureau also got the lion's share of the clean-up and paperwork. His good friend Tobias Fornell was understandably surprised when Gibbs readily agreed to step aside and allow him to conduct the interrogations. After his loss of control at the DiNozzo home, Gibbs didn't want a repeat performance costing them their star witness.

Henchman, Sturges, had rolled on his boss, Grosvenor, so quickly that he suffered a bad case of whiplash and Grosvenor was now behind bars on charges of conspiracy to commit murder. Although the case was all but closed, Tony's nightmare was just beginning.

Gibbs watched the boy intently. The vent had been removed, replaced by a nasal cannula but the IV's, wires and electrodes remained connected, providing sustenance and monitoring his vitals. Tony looked like he was sleeping; his jaw hung loose, lips parted and his head canted slightly to the side. His small face was deathly pale, highlighting the tiny freckles sprinkled sparingly across the bridge of his nose and contrasting starkly with dark crescent-shaped smudges under his eyes.

Gibbs sighed deeply, dropped heavily into the armchair beside the bed, vigorously scrubbing at his face. His mind drifted back 24 hours and his gut squeezed as he recalled Doctor McNally leading a sombre Ducky and the hospital's chief social worker, Jenny Shepard into the PICU cubicle.

Among the jumble of medical terminology and neurological babble, were possibilities that pierced the former marine's heart - _almost certain brain damage; EEG recording frequent partial and generalised seizures, more commonly known as grand mal and petit mal; anti-convulsant medication, epilepsy, inability to communicate; behavioural problems._

A wealth of emotions ran over him as the doctor continued -_partial paralysis of lower extremities, physiotherapy, splints, muscle atrophy, muscle shortening the inability to stand or walk._

"Agent Gibbs," McNally said. "It's important to remember that while we are certain of the abnormal brain activity, seizures and partial paralysis, we can't know the full extent of Tony's condition until he regains consciousness. We've begun reducing the sedation and we're bringing him around slowly. "

Seeing his friend momentarily lost for words, Ducky asked.

"Is that wise, Doctor? The boy will be in considerable pain – physically and emotionally."

"Believe me, Doctor Mallard, I wish we didn't have to. With brain injuries after cardiac arrest, it's vital that we diagnose any problems as quickly as possible so we can begin treatment immediately and hopefully avoid further complications."

"Of course," Ducky replied nodding.

"The developing brain of a child has a different vulnerability and greater potential for repair compared with the mature brain. This little guy has quite a battle in front of him but I've seen some children make remarkable partial recoveries," the doctor told them. "We'll keep the anti-convulsion meds up and monitor his pain levels. There will be pain but I assure you we'll cause him as little discomfort as possible."

The high-pitched beeping of the doctor's pager had him smiling apologetically and leaving the room. Gibbs walked to the side of the bed, brushed Tony's bangs from his too hot forehead and placed his palm against his pale cheek.

"Come on buddy," Gibbs whispered. "I know you're hurting…but you gotta wake up, okay? Just for a little while…"

He still didn't completely comprehend his driving compulsion to be a part of this little boy's life but he was certain of one thing, there was no way he was leaving the kid to face his physical and emotional hurdles alone.

Jenny Shepard stepped forward, silently fussing over the boy's blankets while assessing the man before her with trained eyes. She and Ducky had been friends for many years; they had often dined together and both enjoyed the opera and symphony. Over the years, she had heard Ducky tell many stories, as only he could, of the uncompromising, hard-line former marine, now federal agent, Leroy Jethro Gibbs. Now, as she watched his gentle ministrations, she noted that although his face was locked in an inscrutable mask, his blue eyes revealed genuine affection and enormous concern.

"What's going to happen to him?" Gibbs asked suddenly.

"I'm not sure," she replied honestly. "A lot will depend on how badly Tony's been hurt and whether his uncle is willing to take him in."

"You find the uncle?"

"Not yet. We've been working with Special Agent McGee from your office and we've tracked Mr DiNozzo to Portugal but, so far, we haven't been able to reach him."

"What's the procedure in these cases?"

"It largely depends on what plans Tony's parents made for him in case of their death but, usually, a family member would assume custody," she explained.

"If DiNozzo doesn't want custody?"

"Do you have reason to suspect that's the case?"

Gibbs shrugged but offered no reply.

"In the situation where no relatives or family friends are prepared to take him, Social Services assume custody and Tony would become a ward of the state. They'd try to place him in the foster care system but, to be honest, not many people are willing to take in a child with special needs."

"What about me?" Gibbs said with determination evident in every pore.

"Y-you?" she stammered, caught off-guard by the statement. "You want custody of Tony?"

Gibbs placed his hand almost possessively on top of the boy's blonde head, careful not to dislodge any of the electrodes.

"If he agrees."

Her eyes narrowed as she tried to gauge the man's sincerity.

"Agent Gibbs, there are numerous steps that need to be followed before custody can be considered. There's a screening, training and licensing process that can take months to complete. Under the circumstances, I am willing to assist you to fast track those but there's also home-safety visits, confirmation of your financial security…it is, quite rightly, an arduous process."

"When can we start?"

Jenny stared open-mouthed at the determined set of the man's jaw and realised at once that he was not a man who started something he had no intention of finishing.

"There's something else," she said seriously. "Foster parents don't have to be married and prior child-rearing experience is not a necessity but when a child has special needs… I'm afraid the fact the you work such long hours and you have no spouse to assist you care for the boy, would work against you."

"I'll quit my job, be his full-time carer," he replied. "I have my savings and a sizeable pension to cover any medical costs."

"Medicaid will cover Tony's medical expences and let's not forget that the boy is likely to inherit a large fortune."

"That's Tony's money. It should be placed in trust until he's old enough to decide what he wants to do with it."

"Agent Gibbs," Jenny said meeting his gaze. "Doctor McNally said that it's very likely that Tony may also experience emotional, communication, learning and behavioural difficulties? He'll need around the clock care and you cannot provide that alone."

"Oh I can assure you, my dear," Ducky stated from the corner of the room. "Jethro is far from alone in this endeavour. When word of his plans reach the Navy yard, we will have our very own support group knocking down our door and eager to assist."

Jenny's eyes darted from one man to the other and she gave a wry grin.

"Let me see what I can do to get you started on the licensing," she said. "As long as you understand that this could be a moot point if Tony's uncle is found and assumes custody."

"Understood," both men answered together.

"Good," Jenny then dropped her eyes for a moment and stared at her shoes.

"Agent Gibbs…"

"Jethro."

"Jethro," she repeated. "One last thing. When Tony wakes up, he'll be confused and frightened. If he remembers seeing his father's death he'll be traumatised and even if he doesn't remember…he needs to be told. I have a degree is child psychology and I believe I can help him cope with what has happened."

Gibbs nodded, feeling his gut tighten at the thought of Tony's pain.

"Thank you. Should you need me in the meantime, please have one of the nurses page me," Jenny smiled sadly as she walked toward the door. "Oh, Ducky, I received our tickets to the Berlin Philharmonic Orchestra, at the Kennedy Centre next week. And I'm sure I could scrounge up a pot of Earl Grey Tea."

Ducky placed a hand on Gibbs' shoulder and gave a gentle squeeze of support as he followed the hospital social worker from the room.

* * *

><p>The heart monitor began to speed up as Tony made a small whimper and his brow creased into a frown. Almost immediately, a nurse appeared at the bedside, checking equipment and calling the boy's name. The lines on his forehead disappeared as Tony relaxed and his breathing slipped back into the even cadence of deep sleep.<p>

"He's fine, Agent Gibbs," the nurse said. "He's starting to wake up but it may take a while. Talk to him…let him know he's not alone."

Gibbs nodded his thanks and as the nurse left the room to attend to her other patients, he lowered the railing on the bed and carefully sat on the mattress. Leaning over the boy he gently rubbed his knuckles on the boy's cheek.

"Hey little man, you waking up?" he said softly. " I know it hurts and…and you're scared but…you're not alone. You hear me, Tony? When you're ready to wake up, I'll be right here."

Not wanting to intrude on the moment, McGee stood at the door and softly cleared his throat. Gibbs stood to greet him, making sure he kept Tony in his sight at all times.

"What've you got?" he asked.

McGee placed a cardboard box at his feet and handed his team leader another cup of coffee.

"As you know from our previous background checks, Tony's mother, formerly Anna Paddington married Anthony DiNozzo ten years ago. Her parents are dead and she has no close relatives."

"Anthony DiNozzo Senior has a younger brother, Nicholas DiNozzo. He and his wife Christina moved to Geneva, Switzerland a year ago and have no children."

"Other family, close friends?"

"From the information I've been able to gather, the DiNozzo's entertained quite a lot but always for business or charity fund-raising purposes. They each had a lot of acquaintances but no close friends."

"You find the uncle yet?"

"Not yet. We know they're in Portugal and I've been working with our embassy in Lisbon who is trying to locate them."

"But?"

"Something feels…hinky?" the younger agent said. "According to the maid at their home, the DiNozzo's left suddenly for a vacation in Portugal and aren't contactable."

"Go on."

"It just seems strange that a wealthy businessman like Nicholas DiNozzo would drop out of sight without leaving a contact number. And more than that, neither he nor his wife has used any form of electronic transaction since they left, no credit card, no ATM, nothing. It's almost like they're trying not to be found. It's almost as if they're hiding from someone."

"Find out," Gibbs said. "Nicolas DiNozzo got any priors?"

"Nothing on record."

"What's his financial status?"

"Well…they appear to be living like kings, on paper anyway," McGee replied. "Big house, luxury cars, they frequently appear at A-List functions and in the social section of the papers."

"What about their bank accounts or financial records?"

"That's not going to be easy, Boss. Switzerland goes to great lengths to provide privacy and anonymity to account holders." The silent look from the team leader required no words for McGee to hear the message loud and clear. "But…er…I'm going to find away around that."

When Gibbs nodded, the younger man continued.

"Oh, and your Dad called for you again. Said he's been trying your cell and can't reach you."

"Something wrong?" Gibbs asked concern evident in his tone.

"No, no, he said he was just checking in," McGee assured him before looking tentatively back at the boy. "How's Tony doing?"

"Condition's serious but stable."

"He's off the vent?" the younger man noted. "That's gotta be a positive sign, right?"

Gibbs nodded distractedly.

"They're reducing the sedative…waking him up slowly."

"Poor kid. Still grieving for his Mom and then he sees his Dad killed right in front of him."

Gibbs took a calming breath and pointed with his chin at the box at McGee's feet.

"What's that?"

"Oh, I nearly forgot," McGee said lifting the box. "Kate convinced Fornell to allow her back into the DiNozzo home so she could get a few things for Tony. She thought it might help, you know, having a few of his things around him."

Gibbs swallowed thickly at the kind gesture and took the box from McGee.

"You need anything else, Boss?"

"It's Friday night, McGee and we're off rotation for the weekend. Go home, get some rest." Gibbs replied.

"I'll be monitoring the BOLO on the DiNozzo's from home," he said. "I'll let you know the minute we have something."

Gibbs walked a few steps back into the PICU and then turned back to the younger man.

"McGee…tell Kate…"

As the former marine stumbled for words, McGee wasn't sure he'd ever seen his flint hard, unshakable boss looking so vulnerable.

"I'll tell her, Boss," he said, letting the older man off the hook as Gibbs returned to Tony's bedside.

* * *

><p>Gibbs leaned forward in the armchair and opened the cardboard box that contained Tony's belongings. Reaching in he withdrew two large beautifully framed portraits; one of the DiNozzo's wedding and the other was a portrait of the boy and his parents taken about a year ago.<p>

Despite their wealth, Anna's wedding gown was by no means elaborate and yet she looked breathtakingly beautiful. There was no mistaking the look in the couple's eyes as they gazed at each other – they were deeply in love. Gibbs looked at the second portrait; the child was positively beaming – deep dimples framed a wide smile and his green eyes shone with happiness. While his eyes and colouring definitely favoured his mother, Gibbs noticed the line of the boy's jaw and his smile resembled that of his father.

Gibbs looked at DiNozzo and wondered how and when it had happened. How had this man placed his work before his family who obviously adored him? He remembered a quote his own mother often said to his father when Jackson complained he was too busy to toss the ball around with his son:-

'_The work will wait while you show the child the rainbow, but the rainbow won't wait while you do the work.'_

He looked at Tony's brilliant smile and tried to equate it with the sad and lonely little boy he knew. He guessed that DiNozzo had stopped showing his boy the rainbow when his wife died? Could he have been so grief-stricken that he overlooked the fact that his son was suffering, too? He made a silent vow to whatever God was listening that he would see that smile return to Tony's face.

They were lovely photos and would serve to forever remind the boy of happier times with his parents…but was it appropriate to display the photos now? He placed them carefully back to one side, intending to ask Ducky or Jenny Shepard their opinion.

The next item removed was a scruffy, obviously well loved bear. Measuring 18 inches in height, the bear was wearing a shapeless black hat, red rain boots and a navy blue duffle coat. Around his neck was a faded tag which read:- _'Please look after this bear. Thank you.'_

Gibbs stared at the toy for a moment, lost in thoughts of Kelly. His daughter had a whole series of "Paddington Bear" books and delighted in having her father read them to her at night when he was on leave. His lips twitched in a small smile as he realised the connection - Tony's mother's maiden name had been Paddington and the bear looked old enough to have been hers as a child. Smoothing the creases from the duffle coat, he placed the bear on the rolling table where Tony would see it when he woke up.

A CD caught his eye and he looked at the cover to find it was a collection of Jazz Lullabies by Ella Fitzgerald and Miles Davis.

"You like jazz, little man?" Gibbs asked. "I'll ask McGee to bring in a player so you can listen to your music."

He opened the cover to ensure the disc was inside and saw an inscription in beautiful cursive writing, dated just after Tony was born.

'_Welcome my sweet baby boy! May your days be filled with joyful songs and your nights be filled with sweet dreams. My prayer for you, Love Mommy xx'_

Closing his eyes until he felt his composure return, he reached back into the box, this time retrieving a handful of DVD's.

"Let's see whatcha got here. Gotta admit, I don't watch much TV."

His eyebrows rose in surprise as he read the titles – Gulliver's Travels; Harvey; The Little Prince; It's a Wonderful Life.

"You gotta problem with Disney?"

When Tony remained as still as a stone effigy, Gibbs sighed loudly and tried to shift the empty box under the chair with his foot. Realising there was something still inside, he peered in, saw a book and a photo album. He placed the album with the two framed portraits and retrieved the book for closer inspection. It was a very well worn, much read copy of Rudyard Kipling's The Jungle Book.

"Good book," he said, flipping open the front cover and finding another inscription.

_To our darling Tony, Happy 6th birthday! You have brought so much joy and laughter into our lives. May you always have dreams and forever reach for them. Never forget how much we love you. You are our dream come true._

_Love, Mommy & Daddy xxx_

Taking a deep breath he turned the page and began to read aloud.

"_It was seven o'clock of a very warm evening in the Seeonee hills when Father Wolf woke up from his day's rest, scratched himself, yawned, and spread out his paws one after the other to get rid of the sleepy feeling in their tips. Mother Wolf lay with her big gray nose dropped across her four tumbling, squealing cubs, and the moon shone into the mouth of the cave where they all lived. "Augrh!" said Father Wolf. "It is time to hunt again." He was going to spring down hill when a little shadow with a bushy tail crossed the threshold and whined: "Good luck go with you, O Chief of the Wolves. And good luck and strong white teeth go with noble children that they may never forget the hungry in this world."_

A series of whimpers sounded from the bed and Gibbs looked up in time to see Tony's head loll toward the sound of his voice. His breathing became more agitated as the whimpers turned into moans. His eyelids began to open and he gazed with unseeing, slightly crossed eyes. Gibbs was immediately on his feet, clasping the boy's fingers with one hand and using the pad of his thumb to wipe Tony's tears.

"Shhhh. It's okay, Tony. I know it hurts but we're gonna take good care of you."

He spoke quickly, trying to calm the boy and hoping he had some calm left over for himself. Tony thrashed weakly and his mouth twisted as if he was trying to speak but there were no words just indecipherable moans and sobs. His eyes began to close just as the duty nurse rushed in.

"The doctor's on his way," she said leaning over Tony and tapping the side of his face. "Tony? Can you stay awake for me? Just for a few minutes until the doctor gets here, okay."

Tony's eyes closed and this time they stayed closed as the boy lost his battle with consciousness. The nurse turned to face Gibbs and shrugged her shoulders.

"Maybe next time," she said looking at the door as Doctor McNally arrived. "Oh, Doctor, I was just about to call and cancel the page. Tony woke up for a moment but he went right back to sleep."

"That's quite alright," McNally replied. "It's time for my rounds anyway. Might as well start with this young man. Can you tell me exactly what happened?"

McNally nodded sagely and checked Tony's vitals and reflexes as the nurse and Gibbs explained how the boy had reacted after waking.

"Doc?" Gibbs prompted impatiently. "I thought you said he would be waking up?"

"Agent Gibbs, Tony's been badly hurt and traumatised but more than that, his EEG has shown us that he continues to have frequent seizures. Confusion and sleepiness are common reactions following seizures; it's called the postictal phase. We'll let him sleep and hopefully he'll stay awake a little longer next time."

A knock sounded on the doorframe and they all turned to see McGee and Jenny Shepard both looking apprehensive.

"McGee?" Gibbs said.

"Boss, our embassy in Lisbon has located Nicholas and Christina DiNozzo. They're catching the morning flight and will be here late tomorrow."

Gibbs nodded his head, his expression as unreadable as ever.

"I'm sorry, Jethro, but there's more," Jenny Shepard said. "I have been contacted by Nicholas DiNozzo's attorney. As Tony's next of kin, he and his wife are filing for _in loco parentis._"

* * *

><p><strong>AN "The work will wait while you show the child the rainbow, but the rainbow won't wait while you do the work." Patricia Clafford**

**Excerpt from The Jungle Book was written, of course, by Rudyard Kipling.**

**Thank you for reading. SMcG**


	4. Chapter 4

**Reminder: Some characters will appear in roles that have no correlation to their roles on the show. This is an AU story. **

_**in loco parentis**_

_**Chapter 4.**_

"I know better than to try to talk you out of something once you've made up your mind," Director Vance told his lead agent. "I'm just saying that retirement is not the only option. We could find you another position within the agency with more flexible hours - something that would allow you to spend as much time as you need with the boy."

Gibbs had to admit, although it sometimes appeared that he and the director were polar opposites, if anyone understood the importance of family it was Leon Vance.

"Appreciate the thought, Director, but like you said, the decision's been made."

"I'll prepare the paperwork and hold it until custody has been confirmed. What else do you need?"

"The hospital counsellor is liaising with Social Services, trying to cut through some red tape. I could use a character reference."

"Two tours of the Gulf, a Silver Star and numerous Navy Meritorious Civilian Service Awards don't speak for themselves?"

"Apparently not."

"Consider it done. She'll have it this morning," Vance said. "McGee said you have some doubts about the uncle and aunt?"

"Just a gut feeling. They're on their way here – I want to know that they're coming for Tony and not for his inheritance."

"How's Tony doing?"

"They've just taken him for an MRI and CT scan," Gibbs said anxiously eyeing the closed door to the imaging room. "Results will be ready this afternoon."

"Keep me informed," Vance said. "And Gibbs? Much as I hate to lose my lead agent, it's a fine thing you're doing for that boy. You need anything, you let me know."

* * *

><p>Tony had been returned to his room to sleep off the light sedative he'd been given to keep him relaxed in the imagining room. Gibbs, Doctor McNally, Ducky and hospital counsellor, Jenny Shepard gathered just outside the door to Tony's PICU cubicle.<p>

"You sure he's up to this?" Gibbs asked.

"According to the EEG readouts, Tony has had several very short periods of sentience this morning," McNally replied. "It's an ideal time to perform a preliminary neurological test to give us an indication of the extent of his brain injury."

Gibbs nodded his head, his face masking the tumultuous thoughts rushing through his mind.

"Do you believe the lad's condition is stable enough for him to be told about the death of his father?" Ducky asked.

"We'll have to play that by ear, I'm afraid. Until now, Tony's given no indication that he knows where he is or how he got here. We'll know more when we can compare the results of these tests to the MRI and CT scans."

"When will that be?" Gibbs asked.

For better or worse the former marine was anxious for definitive news of Tony's condition.

"I'll be meeting with my colleagues to discuss the results at 3pm this afternoon and I'll have preliminary results for you as soon as we're finished," McNally advised then turned toward Jenny. "I was told Tony's aunt and uncle were arriving?"

"The DiNozzo's don't arrive until late this afternoon," Jenny replied.

"Okay then, let's do this," McNally said nodding to a duty nurse who joined them. "You're welcome to come in while Nurse Davies and I conduct the tests but please remain still and quiet. Brain injury patients are easily distracted and startled."

Gibbs, Ducky and Jenny leaned against the far wall as McNally and Nurse Davies stood either side of Tony's bed. The blankets were drawn to the foot of the bed and Gibbs noted how small and lost the boy looked in the large adult-sized bed. A nasogastric tube had been inserted and a feeding tube and Foley catheter snaked their way under the thin hospital gown.

Ducky glanced sideways at his old friend, sensing the tension pulsating through him. The former marine watched anxiously as the doctor gently tried to wake the dozing boy by softly calling his name. After several attempts, Tony frowned in annoyance and turned his face from the insistent noise only to have the doctor take him by the chin and turn his face back toward him.

"Tony? Tony, can you hear me?" the doctor urged. "If you can hear me, open your eyes," he repeated. "You're in the hospital, Tony, and we're going to help you but you need to open your eyes."

Tony scrunched his facial features as he tried unsuccessfully to wriggle from the doctor's grip but his eyes remained closed until the doctor firmly knuckled boy's sternum. Glazed green eyes opened wide and Gibbs startled as Tony let out a high-pitched wail of irritation, pain and confusion.

"Non-responsive to vocal commands but responds to painful stimuli," McNally said to the nurse who jotted down the results on a clipboard.

When the doctor attempted to check Tony's pupil response and his ability to track movement, the boy threw his face from side to side and the wail turned into sharper, shorter groans.

"Is he blind, Doctor?" Jenny asked quietly.

"No, not blind," McNally responded. "But his brain is having trouble interpreting the images his eyes are sending. It's a common ailment after a brain injury."

"Is it permanent?" Jenny asked again.

"In very rare cases."

"What about this case?" Gibbs asked, growing impatient for answers.

At the sound of Gibbs' voice, Tony's head immediately turned in the former marine's direction. His eyes darted around the room but were unable to focus as they searched for the source of the voice. Soft mewls and whimpers of distress grew louder as tears flowed from frightened green eyes and saliva spilled from his twisted little mouth.

No longer able to watch Tony's struggle, Gibbs stepped forward, rubbing circles on the small boy's chest with the palm of his hand and softly murmuring comforting words.

"Shhhh. I gotcha, Tony, I'm here…I gotcha."

Grabbing a tissue from the box on the bedside table, he wiped away the tears and the saliva that had spilled down the boy's chin, neck and hospital gown. For a fleeting moment, their eyes met and held. The almost physical connection and the depth of loss and despair he saw in the boy's eyes jolted him, but the moment passed quickly and the green eyes glazed over again.

The others watched, spellbound, as the boy's distressed moans quietened to hiccupping sobs as Gibbs whispered quietly and rubbed his knuckles gently against Tony's cheek. As his lids grew heavy, Gibbs looked at the doctor.

"How much of this do you think he understands?"

"To be perfectly frank, at the moment, I don't believe he understands much at all. Tony appears to be caught in a kind of limbo, if you will. At his current level of consciousness, his sensory awareness and communication skills are most non-existent."

"Do you believe this condition to be permanent?" Ducky asked.

"That's what my colleagues and I should be able to determine from the results of his other tests."

The uneasy feeling in the pit of Gibbs' stomach hardened into cold dread as the doctor's words struck him like a punch to the gut. He shook free of his musings in time to see the doctor testing Tony's limbs for signs of paralysis. Although the reflex reaction time of his hands and wrists was slower than usual, they were within acceptable margins. McNally and Nurse Davies flexed Tony's knees so that both feet were flat on the bed. Releasing his knees simultaneously, Tony's legs fell to an extended position with his hip externally rotated. They positioned him again and repeated the test only to get the same result.

"Oh my," Ducky said softly.

"Duck?"

"Normally, the leg would stay in the flexed position for a few seconds and then gradually assume its previous position," Ducky explained.

"Meaning what?"

"It's not definitive but it is an indication of…paralysis."

Still at the base of the bed, Doctor McNally gently lifted one of Tony's small feet. Starting at the heel, he firmly ran the blunt end of his pen up the to the base of the toes. He watched as Tony's big toe moved upwards and his smaller toes fanned out. He repeated the test on the other foot and noted the presence of the Babinski response. When Nurse Davies left the room to prepare Tony's meds, McNally turned to face the remaining anxious faces.

"We'll let him rest now," McNally said. "The tests today have confirmed our earlier diagnosis that lack of oxygen after cardiac arrest has resulted in brain injury effecting Tony's ability to communicate and partial paralysis of his legs. We'll have a better idea of whether these effects are permanent or temporary once we have collated the data from all other tests."

"If the effects are temporary, how long is it likely to be before Tony improves," Jenny asked.

"No two brain injuries are the same, of course, but it can often take several weeks or even years before patients show any sign of improvement. I'm sorry. We'll schedule another appointment for later this afternoon when we can give you a more definitive answer."

Gibbs rested a gentle hand on the boy's cheek as a torrent of emotion washed over him and an overwhelming protective instinct surged through his veins, washing away any niggling doubts or concerns he may have had. He wanted, no, he needed this little boy in his life and he was more determined than ever to do whatever it took to ensure that Tony reached his full potential in life – whatever hurdles and curve balls the future held in store, they would face them together.

* * *

><p>Several hours passed and a tentative knock on the door drew Gibbs from his thoughts.<p>

"I came as fast as I could, Gibbs?" Abby said.

Gibbs stood to greet her, stretching his stiffened back and leg muscles as he took her by the elbow and led her into the room and next to Tony's bed.

"Thanks for coming, Abs," he said.

"So this is Tony?" she whispered so as not to wake the sleeping boy. "Oh, Gibbs, he's such a cute little guy – this is so not fair."

"He'll do fine, Abs," Gibbs said with certainty as he placed his hand tenderly on Tony's cheek. "Won't ya sport?"

Stepping away from the bed, Abby turned her attention back to Gibbs.

"Tell me you're not gonna do this, Gibbs," she said, starting to pace in the confined room. "McGee said you were going to leave NCIS. I mean, I know you want to take care of Tony and I love you for that, I do, more than loved you before…which was a lot, way more than a lot, I'm talking, like, this much!" She fully extended her arms before continuing. "There just has to be a way that you can look after Tony and not leave me…I mean us…NCI-us."

"He's 8 years old and he's been through hell," Gibbs explained quietly. "Someone needs to be there for him, get him through this…be his family."

"I know that Tony needs you, Gibbs, and you need some one, too, but…I'm really, _really_ gonna miss you," she said as tears filled her eyes.

"Not going to Mexico, Abs. Was kinda hoping you'd come see us."

"Really, Gibbs? Really?" she asked, unable to contain her excitement. "I will! I mean, I'd love to! I can be, like, his kooky Aunt or something…every family needs a kooky aunt, right? I can take him to the movies and teach him how to catch frogs or maybe I can help him with his Halloween costume…you know Halloween is just a few months away, Gibbs, and you can never start planning too soon."

"Abs…first, I gotta get custody and second…catching frogs?"

"Of course! Every kid has to learn how to catch frogs, it's a childhood rite of passage."

"Must've missed that one," Gibbs grinned wryly.

"They have to give you custody, Gibbs! I'd bet my Tissue Culture Microscope that you were a rockin' Dad to Kelly and you'll be a rockin' guardian to little Tony, too."

He leaned forward and placed a chaste kiss on her cheek.

"Thanks Abs?" he said. "Need you to do me a favour. I have to go see Tony's father's solicitor and I need someone to stay with Tony."

"That's not a favour, Gibbs, that's my pleasure. Tony and I can get acquainted."

Gibbs pointed to a small CD player on the rolling table.

"Doc says music is good stimulation – the player's set with one of his CDs."

"This is great!" Abby replied, opening her handbags and searching through the assorted contents. "I have some really wicked Metallica right here with me."

"We're trying to stimulate his brain, Abs – not obliterate it," Gibbs said. "He needs soothing gentle tones, nothing loud that could trigger a seizure."

"Oh, right, I knew that," she said tucking the CD away in her bag and then spotting Paddington Bear sitting on the armchair. She grinned from ear to ear as she pulled the bear into a hug. "Paddington Bear! Is this Tony's?"

"S'not mine."

"I _love_ Paddington Bear! You know…from darkest Peru? Marmalade sandwiches? I had a whole series of Paddington books when I was a kid."

Gibbs picked up Tony's copy of the Jungle Book and handed it to Abby.

"We're up to chapter six."

"I totally _love_ this book!" she exclaimed.

"Shhhhh!"

They both held their breath as Tony shifted slightly but settled quickly.

"Sorry," Abby grimaced. "But this is so great, Gibbs, music, Paddington Bear, the Jungle Book. Tony and I have so much in common already."

"He's being monitored by the duty nurse at the nurses' station but if you're worried about anything- press the call button," Gibbs said getting back on track.

"Call button, gotcha."

"He sleeps with his eyes open sometimes. Don't worry, it's just a reflex."

"That's nothing, my friend, Horace, sleeps with his…you really don't need to hear that. Eyes open, reflex, - got it."

"I'll be back as soon as I can."

Tony started to fuss and let out a long, mournful cry. His right arm jerked on the bed and he tossed his head from side to side. Gibbs was immediately at the boy's side, speaking softly and rubbing soothing circles on the little chest.

"Shhhhh. It's okay, sport. You're okay," he said "I gotta go out for a while but Abby will be right here with you, okay?"

When the boy closed his eyes, Gibbs whispered.

"Get some rest and I'll be right here when you wake up." He brushed the hair from the young face and kissed the sweaty forehead. "Atta boy, Tony."

"Awww, Gibbs," Abby said, coming to stand by the agent's side. "You're so good with him."

"He's a good kid," Gibbs replied, still watching the sleeping boy.

"And you, my silver fox, are a good man!" She pulled him into a hug and then turned him toward the door. "Now, off you go!"

"He should sleep until I get back but if he wakes up, rub his chest like I did and talk to him. If he gets too upset, call the nurse."

"Gibbs, go! We'll be fine!"

Nodding his head, Gibbs walked from the room and stood just outside the door out of sight. He watched as Abby gently took Tony's hand in hers.

"Don't you worry, Tony," she said softly, placing her other hand on his cheek. "Gibbs will do whatever it takes to make sure you're safe and happy and loved. And Leroy Jethro Gibbs is a man of his word."

Without releasing Tony's hand, Abby reached for the book and began to read.

"Chapter six…'_When Mowgli left the wolf's cave after the fight with the Pack at the Council Rock…..." _

Gibbs smiled as the scene played out in front of him but as he walked toward the elevator he found it incredibly hard to leave Tony behind.

* * *

><p>The law firm of Chambers, Bell and Ramsay was highly regarded throughout Washington DC and the tri-state area. Their palatial offices were located on the 23rd story of a downtown office block with uninterrupted views of the White House. Gibbs stood at the ceiling to floor windows, admiring the view and wondering how much a man like Alistair Chambers charged by the hour.<p>

At the sound of his name, he turned to see a white-haired, heavily set man in his late sixties. As it was a Saturday, Chambers was dressed casually in an open neck polo shirt and slacks. He offered his hand to the agent in greeting before leading him to his office.

"Thanks for agreeing to meet me on a Saturday," Gibbs said.

"It's no problem," Chambers replied as his assistant entered the office with a tray of fresh coffee and Danish. "I've called the hospital several times to check on young Tony. Leigh McNally's a friend of mine. He tells me you've been with the boy almost the entire time since he was injured."

"That's right."

"I was surprised you would take such a personal interest in one of your cases."

"_Tony_ is an 8 year old boy, _not_ one of my cases," Gibbs stated plainly.

Chambers nodded, as he continued to assess the agent.

"The police report stated that when those men attacked his father, Tony called you for help."

"He did."

"He must think very highly of you."

"He's a good boy."

"Agreed," Chambers said. "And he's soon to be a very wealthy young boy."

Gibbs smiled slowly.

"You know I've filed for custody."

"As the DiNozzo family attorney, Social Services is obliged to advise me."

"And you're wondering whether I'm interested in the boy or his inheritance?"

"On the contrary, I already know."

Chambers picked up his coffee and rose to his feet, gesturing for Gibbs to follow. They stood silently in front of the large window, looking out at the panoramic scene below.

"You don't spend 40 years building one of the largest law firms in DC without making a few connections, Agent Gibbs, including the Secretary of the Navy…Tom Morrow sends his regards, by the way."

Gibbs grinned and finished his coffee in two scalding mouthfuls.

"He told me of your intention to retire, draw your pension and provide full time care for Tony."

"That's the plan."

"You do realise that with Tony's inheritance, you could afford to place him in the best rehabilitation centre in the world."

"Tony will need ongoing rehab but he also needs someone in his life who cares about him and wants what's best for him," Gibbs said. "My savings and my pension will cover the costs of his home care and anything else he needs. His inheritance can go into trust until he's old enough to decide what to do with it."

"You know, of course, that Tony's uncle and aunt are flying in this afternoon and have also petitioned for custody. As Nicholas DiNozzo is Tony's only living blood relative, a judge is more likely to grant them custody."

Gibbs nodded, his gut tightening at the thought of losing the boy.

"Anthony was 15 years older than Anna. He never dreamed that she would predecease him or that they would both die within such a short time of each other, particularly while Tony was so young."

"Meaning?"

"At the time of Anthony's death, he had not appointed a guardian for Tony," Chambers sighed. "However, he had changed his will and removed Nicholas from any and all proceeds of his estate?"

"You know why?"

"As a matter of fact, I do and I'm counting on your help."

Chambers explained how Anthony DiNozzo Senior had put up the capital for his brother to start several businesses in US. Nicholas DiNozzo continued to drain capital from the companies to finance his highly extravagant lifestyle until all companies were in danger of financial collapse. The brothers had a huge falling out and, to avoid family embarrassment, the companies were taken over by DiNozzo Enterprises and Anthony ensured that all employees were retained and every cent owing to creditors was repaid in full.

Anthony paid his brother far more than the companies were worth and, after signing an agreement that he would never trade under the DiNozzo name again, Nicholas and Christina moved to Switzerland where they established a company and trade under Christina's name. History repeated itself and their Geneva-based company was quickly in financial difficulty. Rumour has it that Nicholas borrowed money from criminal sources that threatened his life when he could not repay the loan. Desperate and in fear for his life, he turned to his brother for help and this time, he was denied.

Nicholas was incensed, he went to Anthony's home while Anna was desperately ill and the brothers argued. Tony saw his mother in tears and his uncle yelling at his father and the boy was terrified. When the brothers exchanged punches, Tony tried to stop them and Nicholas shoved him away so hard he nearly put the boy through a wall. Tony suffered a mild concussion and a broken arm.

"Was this reported to the police?" Gibbs asked.

"No, I begged Anthony to go to the authorities but he said he would not put Anna and Tony through the rigour and embarrassment of a trial. Anthony removed Nicholas from his will and entrusted the running of DiNozzo Enterprises to its Board of Directors, all of whom were handpicked by Anthony and are loyal and trusted colleagues. Anthony's instructions stipulated that there was to be no dissolution of the company and no loss of jobs. The company was to continue operation with a portion of the annual profits going directly into a trust account for Tony and the majority invested back into the company. Nicholas and Christina did not even attend Anna's funeral."

"You think they're petitioning for custody of Tony to gain access to his inheritance?"

"I'd guarantee it but with Tony unable to testify, the only thing I can't do is prove it. In a court of law, all we have is hearsay," Chambers said.

"You said you were counting on my help," Gibbs stated.

"You're the investigator, Gibbs, there must be a way to prove what happened. If you're serious about becoming Tony's guardian, I'd suggest you prepare for the biggest fight of your life."

* * *

><p><strong>AN Thank you for the lovely reviews and for reading my story. SMcG**


	5. Chapter 5

**Reminder: Some characters will appear in roles that have no correlation to their roles on the show. This is an AU story. **

_**In loco parentis**_

_**Chapter 5.**_

Gibbs poured himself a third cup of coffee, silently commending Alistair Chambers on his choice of rich Jamaican blend while he waited impatiently for the lawyer to complete his call. From Chambers' end of the conversation, Gibbs gathered that the call concerned last minute details of the funeral arrangements for Anthony DiNozzo Senior.

Moments later, Chambers re-joined Gibbs advising that DiNozzo would be laid to rest beside his wife the following morning. According to Senior's instructions the non-denominational service for colleagues, associates and those who would like to pay their respects, would be followed by a private burial.

"I wish we could wait until Tony was well enough to attend but…" Chambers left the words _'that might never happen'_ hanging but Gibbs understood the meaning.

As a final gesture to honour his long-term clients and friends, Anthony and Anna DiNozzo, Chambers had tasked himself with ensuring that custody of their son was awarded to someone with the boy's very best interests at heart. Despite Nicholas DiNozzo's petition for custody, his violent assault on the boy and his recent removal from Anthony's will left no doubt in the lawyer's mind that he was not a candidate.

Chambers had been naturally suspicious to learn that Special Agent Leroy Jethro Gibbs had also petitioned for custody despite knowing the boy had suffered serious and possibly permanent disabilities. Thinking the worst, he started his own investigation into the background and motives of the federal agent and found him to be a man of great integrity and honour. He was a war hero, a decorated agent and a former husband and father who had been tragically robbed of his family.

He watched the agent closely, admiring his willingness to turn his whole life upside down for a child he barely knew; a child with serious physical, mental and emotional issues. Although he couldn't put his finger on it, something told him that this man and the little boy were meant to be together. For this reason, Chambers had also offered to represent Gibbs at the custody hearing.

Family Court was inundated with pending cases and a gigantic backlog, however, Chambers believed that with Tony's circumstances taken into account, the hearing could be pushed forward to four to six weeks from now. In the interim, Gibbs would have ample time to complete his training, register as a foster carer and make any necessary changes to his home to accommodate a boy with a disability. He could also need to look into the various types of rehabilitation Tony would need and arrange for professional homecare.

In Chambers experience, he expected the hearing would be an informal affair with the judge hearing from both parties and receiving character references before determining custody of the child. Tony's doctors would also be called upon to provide medical reports and recommendations about the boy's likely prognosis and ongoing care.

"You're certain that you don't want to place Tony in fulltime care?" Chambers asked. "If you are awarded custody, you would still have final say over all legal and financial matters concerning the boy."

"I want Tony," Gibbs stated matter-of-factly. "Not his trust account."

"I believe you, but I would be remiss not to remind you that we have some of the best rehab facilities in the world right here in the tri-state area. They provide excellent care."

"Physical, not emotional," Gibbs said.

"Excuse me?" Chambers asked.

"Would they give him a hug, tell him he's cared about and he's not alone? Would they read to him or hold him while he cries because his misses his family and he's frightened?" Gibbs released a long breath and ran agitated fingers through his silver hair. "He needs personal attention from someone who cares about him and what happens to him. The best facility in the world can't give him that. I can."

Chambers nodded his head in understanding.

"Perhaps Tony will have regained his ability to communicate by the time the hearing starts," he hoped. "When he tells the judge how his uncle assaulted him-"

"Not gonna happen," the agent interrupted.

"Tony's statement would almost guarantee you custody."

"DiNozzo protected Tony from testifying for a reason – we need to respect that."

"Even if it costs you…" Chambers argument was interrupted by the shrill tone of his phone and he sighed impatiently. "I'm sorry, Agent Gibbs, that could be the funeral home again," he said as he returned to his large oaken desk and took the call.

Gibbs stood impatiently and winced at the tension in his lower back and shoulders. He was a man of action, not words; a man who was currently defying his own rules about dealing with lawyers. As he walked to the windows and gazed over the lush green expanse of The Ellipse he thought about how much there was to do in just a few short weeks. He didn't care - he'd do whatever it took to make Tony a permanent part of his life.

Chambers slammed the handset back into the cradle and cursed vehemently under his breath. When Gibbs raised an eyebrow in silent question, the lawyer explained the reason for his frustration.

"Nicholas DiNozzo has retained Raymond Greenwich to represent him," Chambers said, continuing when Gibbs shrugged a shoulder. "Greenwich is senior partner of Gordon and Greenwich, a firm that deals almost exclusively in family law matters."

"That a problem?"

"Ordinarily, no, but the DiNozzo's have requested special dispensation, stating that they need to return urgently to Switzerland to manage their business. They've asked that the custody hearing be moved forward to Monday."

"Can they do that?"

"They've done it," Chambers said. "Judge Harland has agreed to a special hearing to be held in the conference rooms at the hospital at 9am on Monday morning."

"Dammit," Gibbs cursed. "DiNozzo knows that the less time we have to find any evidence against him, the better his chances of getting custody of Tony."

"I'll be honest with you, Gibbs, unless you and your team come up solid evidence that Nick and Christina DiNozzo are unfit custodians for Tony…the judge will almost certainly find in their favour."

* * *

><p>Driving to the Navy yard, Gibbs felt his gut twist painfully as he reflected on his meeting with Alistair Chambers. With the hearing less than 48 hours away his head was spinning with the amount of work that needed to be done if he was to be awarded custody.<p>

Gibbs' stubborn pride and mile-wide independent streak were commonly described as his best, yet most infuriating traits. He had never been the type of man who would turn to others for help – hell, he was the type of man that others turned to and he preferred it that way. The former marine staunchly concealed his deepest feelings and fiercely protected his personal life...but now he had to make a choice. If there was any hope of Tony becoming a permanent part of his life, Gibbs had to swallow his pride and ask for help. As he picked up his cell and dialled a number, the thought occurred that the choice to do so had not been difficult at all.

Kate's slightly startled tone betrayed her when her hard-ass boss told her he needed her help and asked if she would meet him at work on her day off. After assuring her that Tony was fine, Kate agreed to call McGee and Mitchell and meet Gibbs in the office. Less than an hour later, his team entered the bullpen to find coffee, soda and sandwiches on their desks – a rare and slightly unnerving gesture of appreciation from the team leader.

Gibbs looked at the concerned faces of his teammates, took a deep breath and cleared his throat. He took a long pull from his hot coffee and looked upwards, almost as if expecting to find the words he was looking on the skylight above. His mind flashed on an image of a tiny boy lying seriously injured in a hospital bed and, suddenly, he found the words he needed to ask his team for help...and he found the required level of humility to accept it.

"Mitchell," Gibbs said. "We need confirmation of the injuries Tony sustained when his uncle shoved him into a wall."

"I'll call the hospital for copies of Tony's ER admission forms, x-rays and anything pertaining to how he may have sustained his injuries," the young agent replied.

"Check the DiNozzo household staff roster for that day – someone else may have seen or heard something and might be willing to make a statement."

The young man nodded briskly, already looking up the telephone numbers he needed as Gibbs turned his attention to his Senior Field Agent.

"Kate," he said, "Tony was injured by Nicholas DiNozzo on February 4th, but DiNozzo didn't leave town until the 10th. I want to know why? What was he doing? Who did he meet with? Where did he go?"

"I'm on it," Kate replied.

Turning back to McGee, Gibbs knew without asking that the look of frustration on the younger man's face meant that he was still having trouble accessing Nicholas and Christina DiNozzo's financial information from their Swiss Bank.

"Nothing?" Gibbs asked.

"Not yet, Boss," McGee said. "I've written several programs to try to gain access through their multi-layered firewall protocol but no luck, so far. I'm still trying."

"You get anything their trip to Portugal?"

"Er…actually, Boss, I've spent so much time trying to access their financials that I haven't had time to check that yet," McGee said with an apologetic wince as a familiar voice sounded from the mezzanine level.

"I thought I gave you people the weekend off," Director Vance said as he walked down the stairs. "If you've a preference for weekend work I'm sure I can adjust the rosters accordingly."

"They're here because I asked them, Leon," Gibbs said, stepping forward to take the heat.

"I take it this is about the custody hearing?"

The lead agent nodded before adding - "Hearing's in less than 48 hours."

"So I heard," Vance said. "You are aware of regulations forbidding the use of agency personnel and technology for unauthorised personal assignments?"

"I am," Gibbs said, standing rigidly and looking the director straight in the eye.

The men stood toe to toe for a long moment, neither dropping their intense gaze until a hint of a smile appeared on the director's face.

"Then it's a good thing I'm here to authorise it," he said swiping a soda from the desk and turning towards the IT specialist. "McGee?"

"Yes, Sir."

"Continue to concentrate your efforts on accessing the DiNozzo's banking history. I've already requested our Rota office to look into their covert trip to Portugal. They'll call back with an update in four hours. In the meantime, you look like you could use another pair of eyes?"

"I'd appreciate that, Sir," McGee said with a wary look toward Gibbs as Vance pulled up a chair and turned back to his lead agent.

"You don't need to be here, Agent Gibbs," he said. "But I believe I know of a young boy in the hospital who needs your presence."

At Gibbs' hesitation, the director spoke again, this time his tone was less sharp.

"Go…we've got this."

Gibbs nodded his thanks to the director, hoping that his expression conveyed what his words could not. He briefly looked at his team members, already hard at work and he strode to the elevator with a curt, "Keep me informed."

* * *

><p>Gibbs exited the elevator on the PICU level and made his way to the nurses' station, anxious to see Tony.<p>

"Agent Gibbs, we meet again," Nurse Davies smiled brightly as she exited the staff lounge and fell into step beside him. "You just arriving, too?"

"Business," Gibbs explained succinctly. "How is he?"

"I'm not sure, I'm just starting my shift and I'm waiting for Doctor McNally to start rounds. But I just ran into a Miss Scuito who told me to tell you that she's just stepped out for something called a…Caff-Pow?"

"Tony's alone?" Gibbs asked gruffly as he turned abruptly and headed for Tony's cubicle.

"Oh he not alone…" the nurse called after him but the agent didn't look back.

Arriving at the door, Gibbs stopped in his tracks as a familiar voice and Rudyard Kipling's words washed over him.

"_And at that last wild yell the whole line flung up their trunks till the tips touched their foreheads. And broke into the full salute - the crashing trumpet-peal that only the Viceroy if India hears, the Salaamut of the Keddah. But it was all for the sake of Little Toomai, who had seen what never man had seen before-the dance of the elephants at night and alone in the heart of the Garo Hills."_

Gibbs ran his hands over his stubbled jaw and sighed heavily. He knew he'd been putting this particular conversation off but he just wasn't ready to face it...apparently fate had other ideas. He walked quietly into the room, watching as the man sitting by Tony's bed absently stroked a gentle hand up and down the little boy's forearm. Gibbs frowned as he noticed that Tony's eyes were closed to mere slits, his face a mass of blotches from crying.

"Dad?"

As Jackson looked up over his glasses, Tony's head jerked around at the sound of Gibbs' voice. Pitiful whimpers grew in volume to heartbreaking sobs as his unfocussed, red-rimmed eyes darted around the room anxiously. The lead agent's breath caught when, for the first time, Tony blindly reached out to him. Quickly lowering the railing Gibbs manoeuvred between the wires and equipment to half lie on the bed and pull Tony toward him. Tony leaned against the man's chest, taking a fistful of Gibbs' shirt as he continued to cry and move his head restlessly from side to side.

"Hey, hey," Gibbs said, gently smoothing the boy's hair back from his sweaty face. "It's okay, sport, I'm here. It's okay."

He waited until the sobs gave way to small, convulsive breaths and Tony settled quietly against him, then he turned his attention to his father.

"What happened?"

"He woke up a little while ago and got himself into a bit of a state. Had a few of those epileptic fits."

"Seizures not fits."

"Call them what you like, Leroy, they're frightening as all heck to watch," Jackson said.

"They're painless, Dad, you just have to stay calm, talk to him and roll him on his side."

"Abby called the doc and he gave him something to stop the boy convulsing and to calm him. Just about had him asleep when you came back," Jackson smiled as Tony sleepily nuzzled his face against Gibbs' chest. "By the look of him now, I reckon the rest of this chapter should do the trick."

Jackson continued to read the rest of the chapter with Tony listening to his soothing tones and the strong steady cadence of Gibbs' heartbeat. The little boy's eyelids grew heavier and his lips parted resulting in a small puddle of drool on Gibbs' shirtfront. Reaching for a damp facecloth he gently wiped the child's tearstained face before uncurling Tony's slender little fingers from his shirt and placing a kiss in the centre of the boy's palm. Slowly climbing out from under him, Gibbs eased the sleeping child back onto the bed, then leaned forward and kissed his forehead before walking to the door where Jackson and the dreaded conversation were waiting.

"You know, Leroy, I used to read this book to you when you were a youngster," the older man said flicking through Tony's copy of The Jungle Book.

"I remember."

His father stood straighter and his expression hardened.

"Just when were you intending on telling me about the boy?"

"Tony…his name is Tony," Gibbs replied curtly.

"I know what his name is, Leroy," Jackson hissed. "And I believe I asked you a question."

"Nothing's been decided yet, Dad," Gibbs said.

"You think I'm a fool, son? All I gotta do is look at you with the boy to know the decision's already made."

Gibbs let out an exasperated sigh. What was it about his father's presence that made him feel like an awkward rebellious teenager?

"The custody hearing-"

"I'm not talking about the court's decision, son, I'm talking about _yours._ I know we haven't had the best of relationships over the past few years but I gotta tell you, I'm a little disappointed that I had to hear about this from Ducky."

"I was going to tell you…soon as everything was finalised," he answered, the excuse sounding lame to his own ears.

"Why wait?" Jackson asked then watched as his son uncharacteristically shifted his weight from foot to foot and refused to meet his eyes. "You didn't think I'd approve."

Gibbs felt his gut tighten at his father's correct assumption. He thought about denying it but he'd never lied to his father and had no intention of starting now.

"I wasn't sure," he answered finally.

"According to Ducky, Tony's gonna require round the clock care," Jackson said pointing to a pile of medical paraphernalia on the rolling table. "I've been reading up on brain injuries, Leroy. Are you ready to commit your whole life to being a full time carer?"

"I am," Gibbs said, his tone leaving no room for doubt.

"Those books say that the boy may never regain his ability to communicate."

"He will."

"That your head or your famous gut talking? "

"He's in there, Dad…I know it. He just needs time to find his way back."

"Seems to me like you're tossing away your career and your life for a boy you barely know and a dream that may never come true."

"I'm not looking for your approval, Dad," Gibbs said, meeting Jackson's eyes with unwavering intent, " but…I would like your blessing."

A long silent moment passed with Jackson's gaze wandering between his son and the sleeping little boy.

"Of all the things I've done in my life, son, nothing meant more to me than being a grandpa." Jackson said his voice filling with emotion. He cleared his throat and looked back at Tony. "But this child needs a family…and Lord knows, Leroy, our family sure as heck needs a child."

* * *

><p>When Abby returned soon after with coffee, Caff-Pow and sandwiches, Gibbs told them the outcome of his meeting with Alistair Chambers. He explained that the DiNozzo's had received special dispensation for the custody hearing to be brought forward to Monday. Quickly gathering her things together and chugging her Caff-Pow so quickly she got a slight brain freeze, Abby told them she was going back to the Navy yard to help the team find the evidence they needed against Nicholas DiNozzo. She gently kissed Tony's cheek and pulled Gibbs into a fierce hug.<p>

"Don't worry, Bossman," she said. "We'll find it...I know we will. You and Tony belong together."

"Thanks, Abs," Gibbs said returning the hug and hoping like hell that she was right. "Could you give Dad a lift to my place?" Gibbs asked.

"Sure!" Abby replied brightly.

"Now wait a minute, son-" Jackson protested.

"You've had a long trip, Dad. Need you rested so you can sit with Tony for me tomorrow," Gibbs said.

"Where will you be?"

Gibbs glanced quickly at Tony, ensuring he was still sleeping.

"Funeral," he said quietly. "Tony's father."

"Of course," Jackson replied with a serious nod. Walking to the bed, he placed a large gentle hand on the crown of the boy's head before turning back to his son. "I'll bring you some breakfast and clean clothes."

Abby smiled sadly at Gibbs before linking arms with Jackson and heading for the elevator.

* * *

><p>Gibbs stared at the little face, peaceful and angelic in sleep. Leaning forward, he cupped the little boy's face.<p>

"Hey sport," Gibbs said, "you gonna open those peepers and talk to me? I know you're in there...I know you can do it," his voice dropped to a hoarse whisper. "Come on back, buddy, I don't wanna lose you, too…I won't lose you."

As Tony slept on, Gibbs looked at the ominous pile of reading material that hospital counsellor, Jenny Shepard, had dropped off that morning. Reaching into his jacket pocket for his glasses, he thumbed through the thick binder of training material and certification requirements for becoming a registered foster parent and ran his hand over tired eyes. He was never going to get it finished before Monday but he could make a start. Another file caught his attention and he opened it to find copies of Tony's school records.

The sight of the first few documents caused his gut clench tightly and he fought to suppress his anger as he read the copies of an entrance exam and acceptance letter to Rhode Island Military Academy. He reached out and took the boy's lax hand in his, rubbing his thumb back and forth along the back of Tony's hand.

"Your dad must have been in a lot of pain to want to send you away," he said softly, remembering Tony's heartbreaking sobs the night they met in Tony's tree. "That what happened, buddy? That what you couldn't tell me? Sometimes pain's so bad we forget others are hurting, too."

Closing the file, he was more determined than ever that he would never place Tony in fulltime care. Sighing audibly he made himself as comfortable as possible and began to read the foster care training material. In his line of work, paperwork was a necessary evil that he never enjoyed, so he was surprised at how deeply engrossed he became; taking notes and writing a list of issues on which he would need further clarification. In just a few hours he was more than a quarter of the way through the material.

A small commotion in the corridor interrupted the usual quiet of the PICU ward, causing Tony to murmur incoherently in his sleep. The loud clicking of stiletto heels on the linoleum floor grew closer and Gibbs turned his head toward the door as a slim woman appeared with both hands balled into fists on her hips. Dressed in an expensive Yves Saint Laurent pants suit and silk blouse, Gibbs mused that the raven-haired woman could have been attractive had it not been for the decidedly pissed off expression on her face. Without even a glance in Tony's direction, she pinned Gibbs with a glare cold enough to start another ice age.

"I don't believe we've met," she said, coolly. "Who are you and what you are doing here with my nephew?"

* * *

><p><strong>Thank you all for your alerts, reviews and wonderful support, SMcG<strong>


	6. Chapter 6

**Reminder: Some characters will appear in roles that have no correlation to their roles on the show. This is an AU story. **

**A/N As Tony's injuries and his recovery are a focal point of this story, this chapter contains medical jargon and information. Again, I have taken a few liberties with the medical details to keep the story flowing and to avoid quoting medical journals. SMcG**

_**In loco parentis**_

_**Chapter 6.**_

_"I don't believe we've met," Christina DiNozzo said, coolly. "Who are you and what you are doing here with my nephew?"_

More footsteps sounded from the corridor as a harried Nicholas DiNozzo joined his wife at the door. Although considerably younger than his brother, the familial resemblance was undeniable.

"Now, honey, I know you're worried about Tony but you have to calm down," he said with a quick glance in Gibbs' direction.

"Don't patronise me, Nick, I am perfectly calm," Christina replied crisply. "I'd just like to know what this stranger is doing alone in our nephew's room."

Nick smiled apologetically at the lead agent.

"You must be Agent Gibbs," he said extending his hand. "Doctor McNally just told me you've been staying with Tony since he was hurt. I'm Nicholas DiNozzo, Tony's uncle, and this is my wife, Christina."

Gibbs studied the hand for a moment before, reluctantly engaging in a firm handshake. He turned back to the bed as Tony whimpered softly and then settled again. Christina's dark eyes looked the agent up and down in obvious scrutiny before meeting his unwavering gaze with a steely look of her own.

"_You're_ Agent Gibbs?" she asked not bothering to hide the surprise in her voice. "You're much older than I imagined."

Gibbs allowed a wan smile.

"It's Special Agent Gibbs," he corrected. "And don't let the grey fool ya, ma'am."

"You'll have to excuse my wife," DiNozzo said with a smile that failed to reach his eyes. "Christina's been frantic about Tony ever since we heard about the shooting."

Gibbs looked at his watch and shrugged.

"Thirty-six hours to make a seven hour flight," he returned flatly. "Must've been beside yourself."

"How dare you!" Christina hissed. "For your information we were attending to very important business."

"More important than Tony?"

Nicholas DiNozzo took his wife by the arm and gave her a quelling glance.

"We appreciate you staying with Tony but you no longer need to trouble yourself," he said, adding, "unless you are here in an official capacity."

Christina scoffed loudly.

"If that's the case, I certainly hope you do a better job of protecting Tony than you did his father."

Gibbs pinned the woman with a fixed glare.

"Tony's father declined protection," he replied. "And I'm not on duty…I'm here for Tony."

"Our attorney told us that you had taken an interest in our nephew…or does your interest lay in his very sizeable inheritance?" Nick countered, his voice dropping several degrees. "There's no need for you to stay now. Tony's family is here."

Roused by the voices around him, Tony let out a long, high-pitched wail; his mouth twisting as it opened and closed but made no coherent sounds. Awkwardly reaching out a perfectly manicured hand, Christina retracted it quickly as a string of saliva slipped from Tony's mouth and dribbled over his chin onto his hospital gown. She stepped back and away like Tony was some kind of rabid pit bull. Suppressing his anger, Gibbs grabbed a tissue from the bedside table and wiped the boy's face dry, ruffling his hair affectionately. Only then did Christina step forth to stiffly pat the child on the shoulder.

"It's alright darling, we're here," she said. "Your Uncle Nick and I are going to take good care of you."

Gibbs' eyes narrowed as Tony started to thrash his head and moan, his frightened green eyes darting around the room but seeing nothing. The quiet beat of the heart monitor increased in both volume and tempo as the boy began to hyperventilate. The lead agent saw the spiking readout of the EEG and recognised the start of a seizure seconds before Tony cried out and his eyes rolled back. Pressing the call button, Gibbs carefully turned the boy onto his side as the small body arched rigidly and the muscles of his legs and arms made sudden jerking motions. The agent was acutely aware of Nick and Christina watching, horrified, from the corner of the room as he stroked the boy's cheek soothingly and leaned close to speak calmly in Tony's ear.

"S'okay, sport, I gotcha," he whispered, watching anxiously as the EEG readout fluctuated wildly. "S'a big one this time, buddy, but you're gonna be fine…I gotcha."

Doctor McNally and Nurse Davies arrived moments later and administered an anti-convulsing medication. As Tony's body stilled, the doctor tapped the side of the boy's face, calling his name and trying for a response that not even a sternum rub could induce.

"Doc?" Gibbs asked worriedly.

The doctor checked the EEG readout before turning back to Gibbs and the DiNozzo's.

"That was a generalized seizure," he told them. "The most severe he's had since his admission."

"They're getting worse?" Gibbs asked.

"I know it appears that way," McNally replied. "But once we get a handle on the best medication and the correct dose, we should be able to control these episodes."

Half-opened green eyes released silent tears that slipped down Tony's face before his eyes closed and he relaxed into sleep.

"He's exhausted. It's called the postictal phase," McNally explained. "After seizures that last more than 30 seconds, most kids are exhausted, disoriented, confused or even combative and agitated for minutes to hours depending on the severity of the seizure. We were due to have a meeting later this afternoon to discuss Tony's condition but since we're all here now, why don't we step into my office at the end of the corridor?"

As McNally steered Christina and Nick DiNozzo toward his office, Nurse Davies adjusting the flow rate of the IV and turned to see Gibbs still beside the boy's bed.

"He's fine, Agent Gibbs," she told him as she walked to the door. "He'll most likely sleep for a while now."

A moment later, a tentative knock at the door sounded the arrival of Ducky and Kate.

"Any news?" Gibbs anxiously asked his senior field agent.

"Nothing yet," Kate replied. "McGee and Director Vance are still trying to access the DiNozzo's Swiss banking records and Abby and Mitchell are trying to trace Nick DiNozzo's movements from the time Tony was injured a few months back until he left town. If there's something there, Gibbs, we'll find it."

"We're running outta time," Gibbs said a hint of rare vulnerability colouring his words.

"We'll work around the clock if we have to, Gibbs, we won't let you down," she replied, her dark eyes fiercely determined.

"I know."

Kate's expression softened as she stepped closer to the sleeping boy and brushed the hair back from his face.

"How's he doing?" she asked softly.

"Just about to find out," he replied. "There's a meeting in the doc's office."

"Then Caitlyn and I arrived in the nick of time," Ducky said.

"Duck…would you-"

"Of course, Jethro, lead the way!"

"Kate-"

Kate moved the chair closer to the side of Tony's bed and took the boy's hand in hers.

"Tony and I are fine here, Gibbs," she replied with a gentle smile for the boy. "Aren't we sweetie?"

"Thank you…both," he said, surprised at how easily the words slipped from his lips since he met Tony.

He grabbed a large notepad and pen and placed a chaste kiss on the boy's forehead then, with Ducky providing medical and moral support they left for the meeting.

* * *

><p>Once everyone was seated, McNally began the meeting with an assessment of Tony's gunshot wound. He explained that he was very pleased with the way the wound was healing but warned that, without a spleen, the possibility of serious infections could result following what would normally be minor illnesses.<p>

"The risk is much greater in children," McNally said. "Usually it will present within two years of the splenectomy but infection can occur at any time. Therefore, I'd strongly recommend that Tony's vaccinations be kept current as well as the prophylactic use of antibiotics until he reaches adulthood."

Ducky cast a fleeting glance at his friend. Leroy Jethro Gibbs was a man used to burying his feelings; the absence of a discernable "tell" on the inscrutable face and unreadable body language made him a highly effective interrogator and a damn good poker player. Looking across the table as his friend hastily took notes and asked questions, Ducky wondered if Gibbs truly understood the enormity of the responsibility and the exhaustive diligence required as guardian of a little boy who may need specialised care for the rest of his life.

McNally took a large gulp of water and sighed deeply before continuing – no matter how many times he'd had this particular discussion, it never got easier. He started by explaining that Tony had suffered hypoxic ischemic encephalopathy (HIE) that occurred when his entire brain was deprived of an adequate oxygen supply - a complication of his cardiac arrest. CT scans and MRI's had indicated damage to the Broca and to the Wernicke's areas of his brain. These areas control speech, understanding of the written and spoken language and assist him to interpret what he sees.

"Although the severity of this damage is not yet known, at this point, Tony has given no indication that he is able to speak and he has been unresponsive to basic commands, such as blink your eyes or squeeze my hands," McNally replied.

"Are you saying that my nephew is unable to communicate?" Nick asked.

"What I'm saying is that the extent of this damage can't be fully assessed until Tony is conscious enough to undergo more testing but, unfortunately, his ability to communicate normally may be impeded."

"He knows me," Gibbs stated. "Responds to my voice; he reached out for me this morning."

"Agent Gibbs, you've been here with Tony since he was hurt," McNally said. "You've read to him, kept him calm. I believe he equates your voice with comfort but he's given no indication that he knows who you are."

"He knows," Gibbs said definitively as Christina snorted softly from the other side of the room.

"I'm just saying that you all need to be prepared for the possibility that Tony may never regain his ability to communicate normally," McNally said. "Additional damage incurred on the right side of his brain could interfere with Tony's ability to express emotions."

"Doctor, this child was already grieving the loss of his mother when he witnessed his father gunned down in cold blood. He then suffered a near fatal injury," Ducky stated. "Could the lad's failure to communicate be associated with a psychological reaction to the trauma he experienced."

"Yes, it could," McNally said. "And it could also be that his frequent seizures and postictal phases are preventing him from communicating but the more time that passes without any cognitive awareness from Tony, the more likely it is that this condition is permanent."

At the far end of the table, the DiNozzo's exchanged a silent glance and their rigid postures relaxed marginally, knowing that if Tony was unable to communicate he would be unable to tell how an altercation with his uncle left him with a broken arm and a mild concussion.

"What about the seizures and paralysis?" Gibbs asked, his face still masking a torrent of tumultuous thoughts.

"As you know, we have been unable to stop the frequency of the seizures Tony is experiencing. Epilepsy is not a 'one size fits all problem'. It can look, feel and act differently in different people," McNally said. "I'd like to consult with a leading paedriatric epileptologist who is an expert in seizure disorers and situations in which all treatment intended to stop the seizures has failed."

"What about his legs?" Gibbs asked.

"Dr Johnson, our leading orthotist, fitted Tony yesterday for feet and leg splints. They are being prepared and should be ready tomorrow. Partial paralysis of lower extremities can lead to muscle atrophy and shortening of the muscles as well as the inability to stand or walk. Again, we will need to wait until Tony is fully conscious before determining the full extent of his condition but he will need physiotherapy several times a day to stretch and strengthen the muscles in his legs and help minimize any complications."

"Let me get this straight," Nick said. "My nephew cannot communicate, is epileptic _and _unable to walk."

"_At this point in time_," McNally stressed.

"Is there any chance that he will recover?" Nick continued.

"Although brain cells usually do not regenerate, in some cases, uninjured parts of the brain are able to take over or compensate for injured parts. The brain learns to re-route information around the damaged areas and can result in significant recoveries over time," McNally replied. "The developing brain of a child has a different vulnerability and greater potential for repair compared with the mature brain but you should all be very aware…medically speaking, the prospects of Tony living a full and independent life is looking particularly grim."

* * *

><p>Immediately after the meeting finished, Nick and Christina DiNozzo hurried down the corridor and into the first elevator without looking back.<p>

"Someone's in a rush," Ducky noted scornfully.

"Didn't even check on Tony," Gibbs replied.

As they neared Tony's PICU room, the dulcet and pure tones of Ella Fitzgerald quietly flowed from the CD player as she sang a jazz lullaby. Tony's face was turned toward it but there was no indication that the music penetrated his sleep. Kate absently rubbed the boy's forearm but her focus was on the opened file nestled in her lap.

"Any change?" Gibbs asked.

She closed the file and placed it on the rolling table.

"None," she said looking at Ducky and Gibbs' sombre expressions. "How'd it go?"

"Our wee lad has a very arduous road ahead of him, filled with physical therapy, occupational therapy and other forms of rehabilitation," Ducky replied as Gibbs placed his hand on the crown of the boy's head. "I'm afraid we're going to need a lot of help."

"We'll make it," Gibbs said, the words sounding more like a vow.

"If I may, Jethro, I recall Mr Palmer mentioning a young woman he met recently while on his paediatrics rotation," Ducky said. "A young Israeli woman, if I am not mistaken. Trained in physiotherapy and studying for her master's in paediatrics. Mr Palmer was quite taken with her…and perhaps a little intimidated."

"Intimidated?" Gibbs asked.

"By the overpowering combination of brains and beauty," Ducky chuckled.

"But Palmer's engaged to a woman with brains and beauty," Kate replied.

"And whom do you think wears the preverbial pants in that particular partnership…hmmm?"

"You're right," Kate laughed. "Do you think this woman would be interested in private work?"

"We can but ask," Ducky replied, looking across the bed to his old friend. "That is if you are in agreement, Jethro?"

Gibbs looked thoughtful for a moment and then nodded.

"Talk to Palmer; see if she's interested in a meeting - no guarantees," Gibbs said. "Let her know I want references and she'll be subjected to police and background checks."

"I'll get right on it," Ducky said before heading for the door.

Kate pointed to the file she'd been reading.

"Oh, I hope you don't mind, I was reading Tony's school records," she said. "He's a bright little guy."

Gibbs nodded distractedly, his eyes not leaving the sleeping child.

"If you don't need me for anything else, I'll head back to the office and see if we've made any headway." At his lack of response, she placed her hand on his forearm. "We're gonna get this done, Gibbs, you'll see."

She gently cupped a hand to Tony's cheek before leaving the room.

The CD finished with a soft click and the rhythmic sounds of the medical equipment again took centre stage. As Tony slept on, Gibbs walked to the window and gazed outside watching as the sky darkened to the deepest blue imaginable, a hint of lemon on the horizon denoted the last breath of the day.

Nurse Davies walked softly into the room to take Tony's vitals and replenish his IV's.

"If you're planning on staying the night again, at least let me order you a meal," she said with a sad smile.

"Coffee's fine," he replied.

"You drink anymore of our coffee and you'll be in your own hospital bed," she scolded. "Give me ten minutes, I'll have something sent up."

Falling heavily into the chair by the bed, Gibbs rubbed his tired eyes with his hands as a jaw-cracking yawn escaped. He fumbled his glasses onto his face and reached for the file, reading reports from Tony's previous school and grinning at the tiny insight into the little boy's personality.

"T_ony is a well-mannered child who is well liked by teachers and students. He has a very bright and inquisitive mind that he sometimes hides by acting as class-clown. Tony continues to do particularly well in English, spelling and social studies and has a natural aptitude for art, Spanish and music. However, maths, science and computer studies need more attention despite a noticeable improvement in the latter half of this term. In accordance with his parent's instructions, Tony's only involvement in sports has been in his gym class where he has displayed exceptional athletic and co-ordination skills."_

As he leaned his head back and closed his eyes, he prayed to whatever God was out there that he would get the opportunity to see this little boy develop to his full potential, whatever that may be.

* * *

><p>A sizeable congregation had gathered at Cedar Lake Lawn Cemetery to pay their final respects to Anthony DiNozzo Senior. The main eulogy was delivered by Alistair Chambers, while two other business associates spoke of a highly respected and astute businessman; a philanthropist who never forgot his own humble beginnings. Standing at the rear of the chapel wearing a black suit and tie and a crisp white shirt, Gibbs cast trained eyes around the gathering of sombre people, noting with a modicum of sadness, the absence of personal stories…there were no old college buddies, no golfing or fishing pals and no one to attest to Anthony DiNozzo the man, the husband, the father.<p>

He fought the urge to roll his eyes at the sight of Christina and Nick DiNozzo, playing the distraught, grief-stricken family to perfection. As the service ended, they moved among the mourners accepting condolences. When the crowd disbursed Gibbs looked to the highly polished mahogany casket, adorned with a simple spray of red roses and white lilies, that remained at the alter awaiting private burial. When Tony was stronger, he would bring him here to say a proper goodbye to his parents.

The irony was not lost on Gibbs…a tragedy beyond any he had experienced before had taken his wife and only child, and now, another tragedy had bestowed a great gift…a second chance at fatherhood. Being a dad was engrained in him and completed him like nothing else ever had or ever would. Far beyond the marine gunnery sergeant and the federal agent, Gibbs knew he'd been put on this earth to love and to be loved by a child. Looking at the coffin, he made a silent vow to Anthony and Anna DiNozzo, to cherish their child like his own and to do all he could to ensure Tony grew to be a man of whom his parents would be proud.

He squinted against the sun as he exited the chapel and reached into his pocket for his sunglasses, quietly scoffing at the sight of the DiNozzo's still working the crowd. He turned as a familiar voice sounded from behind him.

"She's quite an actress."

Gibbs allowed a smile at Fornell's usual candour.

"You hanging out at funerals now, Tobias?"

"Just paying my respects," the FBI agent replied. "Without DiNozzo we'd have never got near Grosvenor."

Gibbs nodded silently.

"Went by your house, spoke to Jack," Fornell stated. "He told me you'd petitioned for custody of Tony."

Gibbs shrugged.

"Hearing's tomorrow," he said nodding his head toward Christina and Nick. "They've filed their own claim, pushed the hearing forward to give me less time to prepare."

"Only have to look at her to know she has the maternal instincts of a female prey mantis," Tobias stated. "You got anything on them yet?"

"Team's still working on it," Gibbs said feeling a tightening in his chest.

"The boy's gonna need a lotta help, Jethro," he said. "You sure you know what you're doing?"

Gibbs gave his old friend a pointed look.

"I'm just saying…who'd have thought, at this time in our lives, you and I would be a pair of single Dads?" Fornell grinned.

"You start talking about mother's clubs and car pooling and I'll kick your ass," Gibbs replied without rancour.

As they walked back toward the parking lot, Fornell spoke again.

"Anything I can do?"

"Just did," came Gibbs' grateful reply.

* * *

><p>Leaving the cemetery Gibbs headed straight for the Navy yard, anxious to check in with his team. The tension he was feeling as he passed through the security checkpoint had painfully tightened its grip on his heart by the time he stepped out of the elevator and into the bullpen.<p>

Discarded take-out and drink containers were strewn on every desk and filing cabinet, evidence that his team had not been home for a meal in quite a while. Kate's usually perfect coiffure was pulled back from her face into a makeshift ponytail and Gibbs was reasonably sure she was wearing one of the clean shirts he kept in the filing cabinet. Abby's mascara was smudged under both eyes and her customary dark lipstick was noticeably absent, while Mitchell, McGee and Vance all had two days worth of stubble on their chins. As his team turned to face him, he noted their crestfallen expressions and immediately knew the news was not good.

Brett Mitchell could barely look his team leader in the eye as he reported that on the night Nicholas DiNozzo assaulted Tony, the household staff were not on duty. Their long serving housekeeper, Milly Henderson, received a call from Senior asking if she would come and sit with Anna while he took Tony to the hospital. Senior told her that Tony had fallen down the stairs and broken his arm.

"The housekeeper arrived within 15 minutes," Mitchell said, reading from his notes. "She remembered the family being very agitated and distressed but thought it was because Tony had been hurt. I checked the hospital records that confirmed the story that Tony's injuries were suffered when he fell down a flight of stairs. According to hospital protocol, Tony was separated from his father and asked several times how he injured his arm, each time he replied that he had fallen down the stairs. The doctors were satisfied it was an accident and Social Services were not called…sorry, Boss."

Kate stepped forward next confirming that Tony had been injured on February 4th but Nicholas DiNozzo did not attempt to leave town until the 10th.

"According to his credit card and cell records, he was schmoozing some of DC's most successful businessmen hoping to persuade someone to lend him a large six figure sum to pay off his debts," she said. "We contacted all of these men. They were all aware of DiNozzo's poor business management record and they all turned him down. He may have come back to the US for money but he definitely left without it."

"What about the talk that DiNozzo had borrowed money from criminal sources?" Gibbs asked, desperate to uncover anything that would help bring Nicholas DiNozzo down.

McGee started to reply when his cell rang and, with an apologetic glance at Gibbs, he answered it quickly and began taking notes. While they waited, the director answered the question.

"We contacted FedPol in Switzerland. DiNozzo's only lived there six months and, so far, he hasn't even been a blip on their radar. I had our team in Rota check on DiNozzo's activity in Portugal but everything was paid in cash; hotel, meals, hire car, plane tickets - there's no paper trail for them to follow and no cell phone records. Looks like our only chance is to access DiNozzo's Swiss banking records and, so far, we've had no luck breaching their security protocols."

Abby wrapped her arms around the team leader, her eyes red-rimmed from staring at a computer monitor for far too long.

"We're not done yet, Gibbs," she said determinedly. "We can do this, I know we can."

Although Gibbs was never one to show his emotions, Vance caught a glimpse of raw, unguarded desperation in the former marine's eyes before they shuttered and his expression became unreadable again.

The director looked at the faces of the team – they were all exhausted, frustrated and feeling like they'd let down the man who they knew, without doubt, would lay down his life for each one of them.

"Go home all of you," Vance ordered, raising his hands to silence their protests. "Shower, get some sleep, eat a proper meal. I want you back here in six hours, rested and ready to work. We start again - go over every step until we find something."

Despite the director's clear instruction, all heads turned to Gibbs.

"Go," he said softly, knowing that time was running out. "Hit the rack."

As the team began clearing their desks, McGee snapped his cell shut and called out.

"Wait! I've been monitoring the DiNozzo's activities since they returned to DC," he explained. "Boss, they've just chartered a private jet with a medical crew to leave Bentley Air Field tomorrow at 1300. They're planning on taking Tony back with them to Switzerland as soon as the hearing's over."

* * *

><p><strong>I'm truly grateful for the support I've received for this story. Thank you all, SMcG.<strong>


	7. Chapter 7

Reminder: Some characters will appear in roles that have no correlation to their roles on the show. This is an AU story.

A/N Again, I have taken a few liberties with the medical details to keep the story flowing and to avoid quoting medical journals. SMcG

_**In loco parentis**_

_**Chapter 7.**_

A hand wrapped around his forearm and gently squeezed as a female voice quietly called his name.

"Mr Gibbs?"

Lifting his chin from his chest, Jackson blinked rapidly to clear the remnants of sleep from his brain. He recognised the dark haired nurse, Julie Anderson, and quickly looked past her at the sleeping boy.

"Tony's okay?" he asked sleepily.

"He's still sleeping," Julie replied with a wry grin. "There seems to be a lot of that going on in here."

She walked around the other side of the bed and switched off the jazz lullabies still playing softly in the background.

"Guess those lullabies work on people of all ages," he said with a chuckle.

"You've been sitting here for hours," Julie said with genuine concern "Why don't you step out for a breath of fresh air while we change Tony's dressings and the linen?"

"Promised my son I wouldn't leave the boy alone," Jackson said.

"He won't be alone and sitting here all day is not helping that bad hip of yours," she said handing him his cane. "Take a break, I promise I won't leave him until you or Agent Gibbs gets back."

Knowing the argument was lost Jackson struggled to his feet, grimacing as a spasm of pain shot through his hip joint. He placed a large gentle hand on Tony's head and leaned in close.

"I'm just gonna step outside for a little breather, okay?" he whispered just loud enough for the nurse to hear. "Now, you behave yourself, young man, you hear me? No fraternising with the pretty nurses."

With a flirtatious smile for the blushing nurse and a final look in Tony's direction, Jackson Gibbs leaned heavily on his cane as he hobbled from the room.

* * *

><p>With his team getting some well-earned rest and not due back at the office for several more hours, Gibbs returned to the hospital to be with Tony. As he strode through the lobby his cell rang, earning him the disapproving glare of an officious teenage candy striper. Matching her indignation, Gibbs walked outside to the hospital garden and took the call.<p>

As he listened, the fear that had been squeezing his chest tightened its grip cruelly and he dropped heavily onto a nearby bench, scrubbing his face with his hands. He snapped the cell shut without saying goodbye and leaned forward, elbows on his knees as he cradled his head in his hands.

He cursed under his breath and for the first time in many years, he began to second-guess himself. What had he been thinking? Did he really believe, at this point in his life, that he could give up his job and his independence to provide full-time care for Tony? Hell, he didn't even know whether the kid would want him as a foster parent. Just because he had felt a powerful connection between them, didn't mean that Tony felt it, too.

He closed his eyes and his mind conjured a vision of his little pig-tailed daughter. His heart constricted with grief as intense and raw as it had been all those years ago when she and her mother were violently taken from him. Is that what this was? Had he allowed his grief and the emptiness in his heart to convince him that he and Tony were meant to be together? The child without a parent and the parent without a child - it made sense at the time. He'd involved everyone he cared about; introduced them to Tony and watched as, without hesitation, they accepted him into their lives. Now he had to find a way to walk this back…and he knew it wasn't going to be easy.

* * *

><p>Jackson stopped by the cafeteria, purchasing a sandwich and a coffee before heading toward the hospital garden for some fresh air. He momentarily stopped in his tracks, recognising the familiar frame sitting with head in hands on a nearby bench.<p>

"Leroy?"

Gibbs turned quickly at the sound of his name, his eyes flicking from his father to the second story window of Tony's PICU room.

"He's fine," Jackson assured him. "The nurses asked me to step out while they changed his dressings and bedding. Thought I'd get some air before heading back up there."

Gibbs nodded, the relief evident on his face as he dropped back onto the bench. Jackson took a seat beside him, eyeing him suspiciously. He knew his son well enough to know that he had something on his mind – the trick had always been getting him to talk about it.

"Expected you back hours ago," he said. "How was the funeral?"

Gibbs shrugged one shoulder.

"Fine."

"Anything happen that I should know about?"

Gibbs shot his father an irritated look.

"It was a funeral, Dad," he said curtly. "What could happen?"

"Figured something had to happen for you to be sitting down here alone instead of being up there with Tony."

Gibbs rubbed a hand over the back of his neck trying to ease the tension and then exhaled a long breath through tightly clenched teeth.

"It's over," he said, with a desolation Jackson hadn't heard in his son's voice since Shannon and Kelly died.

"What's over?"

Gibbs took another deep breath and pointed with his chin to his cell phone.

"Chambers just called."

"Your attorney?"

Gibbs nodded, still not meeting his father's eyes.

"He spoke to Judge Harland and tried to get the hearing postponed. Give us more time to get something on DiNozzo."

"And?"

"The request was denied. The judge said the DiNozzos have urgent business in Switzerland and from the background information she'd already read, she could see no reason to delay."

"So we go ahead tomorrow just like we planned," Jackson replied. "By then, Kate and Abby, McGee and that young fella, Mitchell will have proof that Nicholas DiNozzo seriously injured the boy."

"We've got nothing, Dad," Gibbs growled, launching to his feet and starting to pace in an agitated manner. "My team's been working around the clock and we got nothing! DiNozzo's an arrogant SOB but he's no fool. He wouldn't risk coming back if he thought he could be linked to Tony's injuries."

Gibbs stopped pacing and looked back up at the window of Tony's room. He closed his eyes and took a deep cleansing breath but when his eyes re-opened Jackson saw the hope fade in his eyes.

"So that's it?" Jackson accused. "If you pull out now, DiNozzo will take Tony back to Switzerland. Is that what you want?"

"Doesn't matter a damn what I _want_, Dad, matters what I can _have _and without proof that DiNozzo's unfit, I can't have Tony."

"So you're just gonna throw your hands in the air and give up?"

"You asked why I didn't tell you about Tony sooner, well, now you know," Gibbs replied his voice rising defensively. "I didn't tell you because I knew this might happen."

"So don't let it happen!"

"_What do you want me to do?"_ Gibbs yelled, the tenuous hold on his composure fraying badly.

Jackson's penetrating gaze met his son's and he saw his own dismay reflected in the blue eyes. He cleared his throat and kept his voice calm and level.

"You've been given a second chance at fatherhood, Leroy. If you're planning to cut and run, you tell me now before I grow any fonder of that little boy."

Gibbs dropped heavily onto the bench beside his father and the two men sat silently for several moments.

"I don't know whether I can do this again, Dad," Gibbs said scarcely above a whisper. "Don't know whether I can lose another child."

"Then you gotta do what you always do, son…you gotta fight like hell to keep him."

"What if I'm wrong? What if Tony needs more than I can give him?"

"Lord knows Tony has a long road in front of him, filled with more doctors than I've had hot breakfasts…but what that boy needs most is family, someone to love him and someone to love. I don't know anyone who can fill that need better than you."

"And if we lose, tomorrow?"

"Then we keep on looking until we find the proof we need and can bring our boy home."

A rare smile lifted the corners of Gibbs' mouth and he was never more grateful to have his father back in his life.

"I'll split my sandwich with ya," Jackson offered, lightening the mood.

"Whatcha got?"

"Baloney," Jackson chuckled. "Appropriate don't you think?"

"You keep your baloney," Gibbs said leaning around his father to swipe the Styrofoam cup. "I'll drink your coffee."

* * *

><p>The instant the elevator doors opened to the PICU ward, Gibbs recognised Tony's distressed cries echoing down the corridor. Breaking into a run he rushed to Tony's room attempting to brush by Ducky who was standing at the door with Doctor McNally.<p>

"What the hell's going on, Duck?"

"Ah, Jethro, there you are," Ducky greeted warmly, "you almost missed young Anthony's first physical therapy session."

Tony continued to moan loudly, flailing his arms and tossing his head from side to side. As the agent stepped forward to calm the boy, an attractive dark-haired female blocked his path.

"I would rather you did not do that," she said her dark penetrating eyes meeting his unwaveringly.

With a look that would freeze hell, Gibbs attempted to shoulder past her but she blocked his path again.

"You may go to him when I am finished my evaluation, not before."

"And you are?" Gibbs asked in a low growl.

"Oh, dear, where are my manners? " Ducky asked, strategically positioning himself between them. "Special Agent Leroy Jethro Gibbs, meet Ziva David. Ziva is the physical therapist I was telling you about."

She thrust a hand toward him in greeting, the strength of her grip belying her small stature. Never losing eye contact for a moment, she silently communicated that she was not a woman easily intimidated.

"Doctor Mallard has explained your…situation and asked me provide an evaluation and treatment plan for Tony," she explained.

"That include inflicting pain on an injured child, Ms David?"

Upon hearing Gibbs' voice Tony quietened immediately, mewling softly as his breath hitched frequently.

"Really, Jethro!" Ducky protested.

"Thank you, Doctor Mallard, but I am quite capable of addressing Agent Gibbs' concerns," she said with a quick smile for the ME. "The inflicting of pain that you refer to was simple, passive manipulation of Tony's leg muscles and joints. This prevents muscle spasticity and stiffening of the limbs. It is…uncomfortable at worse but not painful."

"Then why could I hear him from the end of the corridor?"

Ziva turned to Tony and her eyes softened as she placed her palm against his cheek.

"Because he wanted you to help him," she smiled as she brushed the sweaty bangs from the boy's forehead, "and he was calling for you to rescue him in the only way he could."

"Rescue?"

"Children with Tony's condition do not always understand the work that is required to stay ahead of muscle deterioration and atrophy. But they have an uncanny sense of those whose presence means safety and security…and those who they can wrap around their fingers, yes?"

A small smile ghosted over his lips.

"You calling me a pushover, Ms David?"

"I have not known you long enough to make such a determination," she replied with a glint of humour in her eyes. "However, I believe that Tony has already decided that you are."

Gibbs stood back and allowed Ziva to finish her evaluation, watching her work methodically and gently as she examined Tony's reflexes and muscle reaction. Throughout her examination, she spoke to the child in a soft calming voice, reverting to Hebrew to soothe him when he became distressed or uncomfortable. By the end of her exam, Tony appeared completely accepting of her touch and her ministrations.

"I believe that I can help Tony regain strength and movement in his legs," she said. "However, it will require a lot of perseverance and hard work and may take many months. I would like to apply for the position."

"Need to talk more; verify your qualifications and references," Gibbs replied. "And you'll have to agree to a police check."

Turning his head in Gibbs' direction, Tony mewled loudly and the former marine distinctly heard the irritable, scolding tone. Huffing out a laugh, the former marine reached out a hand and ruffled the boy's hair affectionately.

"Seems Tony's made up his mind about you, too."

* * *

><p>Later that evening McGee and Kate called by with news of the investigation; their frustration was palpable as they advised their team leader that they had made little progress. Three transfers of fifty thousand dollars had been paid into the bank account of Ivan Grant, the man who murdered Tony's father. Although they had established that the three transactions originated from the same Swiss bank account, the name of the remittor had been suppressed.<p>

The timeline of these payments coincided with the hit and run murder of former DiNozzo Enterprises board member, Marco Firelli and the shootings at the DiNozzo house. Gibbs' rage grew as understanding dawned and the fury of it threatened to overwhelm him. Tony's shooting had not been a random or panicked act; whoever paid to have Senior murdered had paid to have Tony murdered, too.

"But Senior had removed Nicholas and Christina from his will," Kate said. "They had nothing to gain."

"They didn't know that then," Gibbs replied.

"So…with Tony still alive but unable to testify they obtain custody, become his legal guardians and gain access to the DiNozzo fortune anyway," McGee said.

Gibbs nodded, swallowing the bitter bile at the back of his throat.

"We can't let that happen, Gibbs, we _won't_ let that happen," Kate said definitively. "We've got one more night to gain access to that Swiss bank data base."

"Once we do that we can match the DiNozzo's account to those payments and they'll both be facing life in prison," McGee added.

As his agents headed back to the Navy yard with renewed motivation, Gibbs settled in for another night by Tony's bed. As disappointed as he was, the former marine knew his team was the very best and he trusted them with his life…why then, was it so much harder to trust them with Tony's?

* * *

><p>Although the physical therapy session had been gentle and brief, at this early stage in his recovery, the mild exertion seemed to take a lot out of Tony. He slept for most of the afternoon and into the night, not even stirring when Gibbs read an entire chapter of the Jungle Book.<p>

Time moved achingly slowly as he thumbed through the out-dated sports magazines that had been brought in from the waiting room and then let out a frustrated sigh. Gibbs was a man of action and the inactivity was killing him. Something from the corner of the room caught his eye and he recognised the cardboard box that Kate had brought with some of Tony's belongings. Protruding from the box was a large leather-bound photo album. His curiosity piqued, he retrieved the album and studied each photo with a keen interest. He smiled gently as, with each new page, the tiny pink baby with the chubby arms and legs, grew into a young boy with sparkling green eyes and a wide infectious grin.

The album was meticulously put together with the loving detail that only a mother could apply. It chronicled Tony's life from his birth and his christening, all of his birthdays, his first day of school, piano recitals and what looked like a nasty case of chicken pox. Gibbs noticed with consternation that Tony's father appeared in the photos less and less as his son grew older; confirmation of his earlier assumption that Senior had let his work usurp precious time with his family. A pang of guilt stabbed at his heart – he knew first hand that time away from your family was time forever lost.

Carefully placing the album on the rolling table, Gibbs sat back in his chair and gazed at the face of the sleeping boy. Long dark eyelashes rested on too pale cheeks and purplish crescents stood out starkly beneath his eyes. A hot burst of anger flared in his chest at the injustice of it all and he took a deep breath to cool it, recalling his father's words:-

"_Then we keep on looking until we find the proof we need and can bring our boy home."_

Gibbs fisted his hands tightly and kept his arms locked at his side attempting to dispel the unease that had settled like an icy brick in the pit of his stomach. For tonight, Tony was safe and warm and protected. He let himself slip into a light soldier's sleep, counting on his instincts to wake him if Tony needed him.

The stress and tension and several nights spent sleeping in a chair beside Tony's hospital bed had taken their toll and, a short time later, Gibbs fell into a deeper sleep than he'd intended. He frowned in irritation at the strange whimpering noise attempting to penetrate his slumber but it was the incoherent blood-curdling screams that had him instantly on his feet and reaching for his side arm.

A rush of adrenaline infused him, driving away his fatigue. Blinking rapidly, his trained eyes quickly scanned the room for danger. Satisfied that none existed, he looked to the bed where Tony lay in a panicked-sweat, wide-eyed and breathing heavily as a result of a terrifying nightmare. His screams gave way to mournful sobs and Gibbs had no doubt the boy had just relived the brutal murder of his father.

The sound of running feet was followed by Nurse Anderson's arrival at the door of the cubicle.

"S'okay," Gibbs assured her. "He had a nightmare…I got this."

Nodding her acknowledgement she continued to Tony's bedside, checking the readouts of the equipment and making minor adjustments as Gibbs lowered the railing on the bed.

"Hey," he said softly, extending a hand and laying it gently on Tony's heaving chest. "Hey, s'okay…I'm here, Tony. Was just a bad dream."

Tony continued to sob, his tears streaked from the corners of his eyes and the former marine sighed at the look of desolation and grief that didn't belong on the face of a child. Feeling the tremors running through the small body he immediately looked to the EEG.

"It's not a seizure," the nurse said, "but it will be if he doesn't calm down. I'm going to have to sedate him."

"Give me a minute," the agent instructed as he toed off his shoes.

He gently shifted Tony over and climbed up onto the bed, feeling his heart skip a beat as the boy snuggled close and clung to him like a limpet. For some reason, this child had unhesitatingly chosen Gibbs as his safe haven and the enormity of that responsibility was not lost on him. As Tony relaxed by aching degrees, the tempo of the monitors began to slow to normal. Gibbs continued to rub soothing circles on the little chest, watching, as Tony's eyelids grew heavier and heavier until they remained closed and sleep swept him away.

"You have quite a way with him," Julie Anderson smiled as she tucked the blanket around Tony's shoulders and headed for the door. "I'll be right outside if you need me."

Gibbs listened as Tony's breathing evened out. In the darkness lurked thoughts he didn't want to contemplate. He wrapped his arms around the sleeping boy making a silent promise that, no matter what tomorrow held in store, he would not stop fighting until he brought him home for good.

* * *

><p>Thank you for your very supportive reviews and alerts. SMcG<p> 


	8. Chapter 8

Reminder: Some characters will appear in roles that have no correlation to their roles on the show. This is an AU story.

A/N - Sorry for the delay - super-sized chapter as a peace-offering. Thank you to all who reviewed or alerted. Again, I have taken a few liberties with the medical and legal details to keep the story flowing and to avoid trawling medical and legal journals. SMcG

_**In loco parentis**_

_**Chapter 8.**_

McGee's not so legal attempts to hack into the Swiss bank accounts of Nicholas and Christina DiNozzo had failed, pushing his frustration level off the chart.

"I don't understand it," he growled. "I've hacked into the databases of the CIA, the FBI and the DoD yet I can't get into a Swiss Bank?"

"Maybe the CIA, FBI and DoD should think about storing their databases in a Swiss Bank account?" probationary agent Brett Mitchell quipped.

His smile faded quickly when he noticed the disapproving glares from his team mates and the agency director.

"Sorry," he grimaced. "Brain fatique."

Choosing to ignore Mitchell's comment, Vance turned to McGee.

"People have Swiss Bank accounts for exactly that reason," he said, "and unless you want room and board in a federal penitentiary for the next 20 years, I wouldn't be too quick to advertise your other successes."

"Yes, Sir," McGee replied.

With an exasperated sigh that came from his boot tops, Leon Vance slipped back into his suit coat.

"Take a break, get something to eat. I'll be back directly," he instructed as he departed for last-ditch discussions with the head of the legal department.

Ducky, Kate and Abby had driven back to the hospital to support Gibbs at the hearing and McGee didn't envy Kate the task of telling the former marine that they had come up empty-handed. He paced anxiously in the bullpen, throwing frequent looks over his shoulder at the closed elevator doors.

"Come on, come on!" he muttered, checking the time on his watch. "What's taking him so long? He's been gone an hour!"

He exhaled an audible breath and ran his fingers through his hair in frustration.

"We did our best, Tim," Mitchell stated. "The boss knows that. You need to stop blaming yourself."

McGee spun quickly to face the younger man who looked as tired and deflated as he felt. He knew Mitchell had worked as hard as anyone but while he was now resigned to failure, McGee's exceptional MIT educated mind was still searching for a way to access the data they needed.

The ding of the elevator sounded and both agents turned toward it. The look of dismay on the director's usually impassive face was obvious as he approached.

"Request was denied," he said as he thumped a heavy file onto the nearest desk. "Having a warrant issued on a foreign party, especially Switzerland is complex and a diplomatic minefield. According to Legal, we don't have just cause to sanction it."

McGee slumped into his chair; his shoulders sagged beneath the weight of his frustration and disappointment.

"So that's it then, it's over," he said despondently. "The one time the boss asks any of us for a personal favour and we can't get it done. How do we tell him that?"

"I already told him." Vance replied. "You all did your best, there's no disgrace here. The time constraints were too great. The DiNozzo's may have won this round but the fight is far from over."

"All due respects, Director, but do you really think that if they take Tony back to Switzerland, we'll ever see him again?" Mitchell asked. "They've got their flight plan logged, and the jet's fuelled and ready to go."

"The boy's still an American citizen," Vance stated. "Regardless of whe-"

McGee's head shot up and he leapt to his feet, staring at his young partner.

"Say that again," he blurted, interrupting the director mid-sentence.

"Me?" Mitchell asked.

"Yeah, you…what did you just say?"

"I…er…was just saying that if the DiNozzo's are awarded custody-"

"No, after that…you said something after that," McGee insisted.

Mitchell frowned in confusion but continued.

"I said the jet is fuelled and ready for take-off."

Vance could almost see light bulb flashing above the IT Specialist's head.

"Oh God. We've been doing this the wrong way," McGee muttered.

"You got something?" Vance asked.

"Yes, Sir," McGee replied, the cogs of his brain moving at light speed. "We've been trying to hack into the files of a Swiss bank to obtain the DiNozzo's account number and match it with the payments made to Ivan Grant."

"The man who killed Tony's father," Vance nodded. "Go on."

"The DiNozzo's have a specially fitted private jet with a full medical team on standby. How'd they pay for that?" he asked.

"They'd raise too many flags paying cash, so they would have had to transfer the funds," Mitchell said still not understanding where the conversation was going. "But how does that help us when we still can't access the records of the Swiss Bank?"

"We don't have to," Vance said, buying a ticket on McGee's train of thought.

"That's right," McGee grinned. "We work backwards. We check the records of the airline and match the account number for the charter payment to the payments made to Grant."

"Would they be that stupid?" Mitchell asked. "I mean, to pay for the murders and the plane from the same account."

"The jails are full of stupid people, Mitchell, and Anthony DiNozzo's fortune gives them plenty of motivation."

"Means another trip to Legal to get a warrant, Sir," McGee said looking at the director hopefully.

Pursing his lips Vance checked his watch.

"At least this time it's for domestic purposes," Vance replied moving toward the elevator. "You get the number, I'll get the warrant."

* * *

><p>Across town, a row of chairs had been placed along the back wall of the large hospital conference room for those not directly involved in the hearing. Abby gave an annoyed tug on the collar of her mauve business suit and shoved the black-rimmed glasses further up the bridge of her nose. Her left leg bounced nervously as she wrung her hands and tucked an errant lock of hair behind her ear. Sitting alongside her, just as anxious but more outwardly composed, Kate, Ducky, neurologist Doctor McNally and hospital counsellor, Jenny Shepard waited for the arrival of the parties petitioning for the custody of young Tony DiNozzo.<p>

All eyes turned to the doorway as Christina and Nicholas DiNozzo arrived, accompanied by their attorney, Raymond Greenwich. With a cursory glance toward those already seated, they took their places at the conference table, speaking in hushed tones. Ever the profiler, Kate watched Greenwich with interest noting the manicured nails, tanned skin and the two thousand dollar suit – he was obviously a man accustomed to the finer things in life. Mistaking her curiosity for attraction, Greenwich cocked an eyebrow and flashed an artificial smile of over-whitened teeth in her direction.

"I think he likes you," Abby whispered, nudging Kate in the ribs.

"Ew, no thank you," Kate replied. "Look at him; he's slicker than the Exxon Valdez. Between my work hours and his appointments at the beauty salon we'd never see each other."

The door opened again and Gibbs entered the room with the Anthony DiNozzo's attorney, Alistair Chambers, by his side. Abby leapt to her feet, unable to restrain her anxiety for another moment.

"Gibbs, Gibbs," she called in a loud whisper.

He nodded to Chambers before changing direction and walking to the back of the room where Abby wrapped him in a tight hug.

"Where's Jackson," Kate asked.

"With Tony," Gibbs replied noticing his senior field agent's sudden fascination with her shoes.

Kate straightened her shoulders and looked him in the eyes.

"Gibbs…" she began.

"I spoke with Vance."

"Oh…" she took a deep breath and exhaled it slowly. "I know how you feel about rule number six, Gibbs, but I'm sorry. I know how much Tony means to you."

"Haven't lost him yet, Kate."

"I know, it's just…we all feel so bad. You can't mention the assault against Tony without proof and we _know_ they were somehow involved in the murder of Tony's father but we can't prove that either," she whispered angrily. "McGee's still working on it; he'll find something, Gibbs."

"I know."

Judge Phylicia Harland strode into the room with her Court Services Officer trailing closely behind. The judge was a tiny woman, nudging five feet tall in her stocking feet. Her four inch heels and perfect posture helped level the playing field somewhat but one look at her air of confidence and the no-nonsense shine in the dark intelligent eyes left no doubts that she was a woman to be reckoned with.

"Everybody here?" she asked without waiting for a reply. "Good, let's begin, shall we?"

She took her place at the conference table and waited for her CSO to place the related files within her reach. Introductions were quickly made and the judge clasped her small hands together on the table and looked around the room.

"Today's hearing, although conducted in an informal setting, is no less legally binding and I expect all parties to conduct themselves accordingly. Is that understood?"

She paused, momentarily, to receive the murmured responses from those present before continuing on.

"I would like to start by offering my condolonces for the recent loss of Mr and Mrs Anthony DiNozzo. The custody and guardianship of their son, Anthony Junior, will be based on what I believe to be in the best interests of the child," she said. "If memory serves, this case was originally scheduled several weeks from now. Mr Greenwich, remind me why I was forced to spend the weekend prepping for this case and why my schedule was disrupted at such short notice."

"Your Honour, my clients, Mr and Mrs Nicholas DiNozzo, are the child's _only_ living blood relatives and have recently moved to Geneva, Switzerland," Greenwich replied. "They have started a company in a very competitive market and are on the cusp of securing several lucrative contracts that require their constant attention. Their absense could potentially cost them millions of dollars and financially ruin them."

"So…pressing business matters," the judge summarised before looking over the top of her glasses. "Let's leave the histrionics to the TV courtroom dramas, shall we, Mr Greenwich?"

"Yes, Your Honour," Greenwich said suitably chagrined, as Kate stifled a giggle.

The judge leafed through the folder and made some notes before addressing Alistair Chambers.

"Mr Chambers, your client Special Agent Gibbs, is neither a blood relative or a family friend but has petitioned for custody. Is that correct?"

"Yes, Judge that is correct. During the last few weeks of Anthony DiNozzo Senior's life, Special Agent Gibbs made several trips to the DiNozzo family home and formed a close bond with young Tony."

"All due respect, Judge," Greenwich interjected. "But with the boy unable to communicate we only have Agent Gibbs' word for that."

"Might I remind my learned colleague that when two armed assailants broke into his home and threatened the life of his father, the only call for help that Tony made, was to my client. I believe that attests to the bond and deep trust between the child and Special Agent Gibbs."

"I agree," Judge Harland replied referring back to her notes. "Special Agent Gibbs, I see here that you have commenced the screening, training and licensing process to become a foster parent."

"Yes, Ma'am," Gibbs said.

"In fact, it says here that the screening process has already been completed and you have already completed several of the written training modules."

"Excuse me, Your Honour, if I may?" Greenwich protested again. "You know as well as I do that the process to become a foster parent can take months to complete. Special Agent Gibbs has obviously used his government connections to unfairly streamline the process."

The judge pursed her lips in thought and leafed to the front of the file.

"Two tours of the Gulf, a Silver Star and numerous Navy Meritorious Civilian Service Awards," she said. "I think we owe him a little streamlining, don't you, Mr Greenwich?"

"Judge Harland, I must protest…"

"I believe you already have, counselor, your objection is noted and overruled."

"Excuse me, Judge, may I add something?" Jenny Shepard said as she rose to her feet at the back of the room.

"Ms Shepard," the judge acknowledged. "I noticed your name on this file. I haven't seen you in my court room for some time."

"Given our line of work, Your Honour, I would say that's a good thing," Jenny smiled.

"Agreed," the judge replied. "You wanted to add something?"

"Yes, Ma'am. We both know how difficult it is to place children with any kind of physical, mental or emotional issues let alone a child with the possibility of all three. While it is true that I prioritised Special Agent Gibbs' application, I can assure you that the application stands on its own merit. There have been no steps overlooked and I believe that by the time that Tony is ready to leave the hospital, the application will be approved."

Greenwich stood and flashed his overly white teeth in a smile that didn't reach his eyes.

"Ms Shepard, may I ask when Special Agent Gibbs notified you of his intention to petition for custody?"

"Special Agent Gibbs approached me less than two days after Mr DiNozzo was murdered and Tony critically injured," Jenny replied.

"And, at that time, did Special Agent Gibbs know that Tony had extended family that love him and are more than willing to accept guardianship for him?"

Gibbs' body tensed and he bit back a stinging retort as his attorney placed a cautionary hand on his forearm.

"At that time, we knew Tony had an uncle and aunt but they could not be reached. We were uncertain, given Tony's injuries and ongoing treatment, whether they would accept the responsibility of guardianship," Jenny replied.

"Two days…" Greenwich said, stroking chin. "Two days is an extremely short time for Special Agent Gibbs to make such a life-changing decision…unless the boy wasn't the only motivation."

Alistair Chambers launched to his feet and blustered. "Judge Harland, I take offence at Mr Greenwich's inference,"

"As do I," the judge replied curtly. "Mr Greenwich, as you have already pointed out, time is of the essence for your clients. If you have a question to ask I would prefer you do so rather than subjecting us to any further postulating."

"Of course, Your Honour," Greenwich replied before turning his attention to Gibbs. "Special Agent Gibbs, I put it to you that it was not the child but his sizeable inheritance that motivated your _noble_petition for custody."

"Then you'd be wrong," Gibbs said calmly, his blue eyes flashing with suppressed anger.

"Would I?" Greenwich said cocking his head. "If your decision is not financially based, I'm wondering why a man like you, singularly dedicated to your work, would decide to quit his job and take in a child with many serious medical issues? A child who has a loving family more than willing to care for him; a child who you barely know?"

'_Loving family my ass!'_ Gibbs thought. He reached for the pitcher of water, poured himself a glass and took a long drink to cover his anger, then turned his attention back to the Greenwich who was smugly waiting for an answer.

"The work will wait while you show the child the rainbow but the rainbow won't wait while you do the work," Gibbs said, reciting his mother's favourite quote and hearing Abby's soft 'Awww' from the back of the room.

"What do work and rainbows have to do with anything?" Greenwich asked.

"Means there are more important things than money," Gibbs answered flatly. "Nice suit by the way, didn't buy that off the rack, did ya?"

Eager to quash a possible slanging match, Alistair Chambers handed a folder to the court services officer.

"Your Honour, should my client be granted guardianship, he instructed me to draw up the enclosed paperwork pertaining to Tony's inheritance. When lodged and certified, these papers will ensure the inheritance is only used for Tony's college education and any major medical needs until he is 25 years old. At that time Tony will have full access to these funds."

Greenwich snorted. "Let me guess, Special Agent Gibbs is noted as the trustee of the account?"

"Actually, no," Chambers replied. "Myself and Doctor Donald Mallard have agreed to act as joint trustees. Your Honour, my client's intention is to cover all of Tony's other living expenses from his personal savings and his pension…I wonder if Mr and Mrs DiNozzo can say the same?"

Greenwich baulked realising that he had fallen into his own snare.

"Judge Harland," he said, backpedalling quickly. "My client's relocation to a new country and the not inconsiderable cost of purchasing a new home and a commercial property have exhausted their personal savings. I believe it is only fair that the cost of the boy's medical care and living expenses come from the child's inheritance until my clients are financially viable."

Judge Harland tapped a finger against her lips in thought and then nodded slowly.

"My discussions with Tony's neurologist, Doctor McNally, have indicated that there will be significant expense involved in Tony's ongoing medical care. As we have the means to ensure that he receives the best best care available, I agree that use of his inheritance to cover the cost is not unreasonable…so long as it is for the child's benefit," she said. "Now, I believe both parties have made preliminary arrangements for Tony's ongoing medical care?"

"Yes, Ma'am," Greenwich replied quickly. "My clients have spoken at length with Professeur Louis Hilfenhaus, a world renown and well respected paediatric neurologist at the Genève Rehabilitation Clinique, who has agreed to treat Tony. The clinic is only an hour's drive from my client's home, which means they can visit the boy several times a week. The DiNozzo's have arranged for a doctor and two nurses to accompany them on a private jet so that Tony can be transported to the clinic as soon as possible. He will be admitted to the clinic and will have the very best medical treatment 24 hours a day."

"He'll live in a damn hospital," Gibbs muttered.

"You have something to say, Special Agent Gibbs?" Judge Harland asked raising a disapproving eyebrow.

"Tony's been badly injured and highly traumatised by the loss of his parents," he said. "He needs more than the best medical treatment."

"My sources confirm that Professeur Hilfenhaus and the Genève Rehabilitation Clinique provide world class medical care," she countered.

"I'm sure they do," Gibbs replied, choosing his words carefully. "But we're talking about a little boy…he needs reassurance and affection; someone to hold him when he's hurting and encourage him while he's healing. No disrespect to the medical staff but Tony's a bright kid - how long do you think it will take for him to realise that he's surrounded by strangers who are paid to care for him?"

Judge Harland's dark eyes narrowed thoughtfully as she heard the depth of the concern in the agent's words.

"Perhaps you would care to tell us what kind of care you would suggest," she said.

"He needs a home, Your Honour," Gibbs replied. "Needs his own room, his own things and he needs to belong somewhere. A hospital room can't give him that."

"But the child needs ongoing medical care."

"He'll get it," Gibbs said resolutely. "The best doctors and the best treatment but as soon as he's able, I'd take him home. Start a life together."

Alistair Chambers cleared his throat quietly before adding, "Your Honour, the unexpected rescheduling of this hearing has meant that some arrangements have not yet been finalised. However, Special Agent Gibbs will act as fulltime carer for Tony and he will have the support of several close and trusted friends, whenever necessary. Gibbs will transport and accompany the boy to any and all medical appointments scheduled. He has already discussed the possibility of home physical therapy with a well-credentialed therapist and has drawn up plans to make his home more wheelchair accessible. Given sufficient time, other arrangements such as home schooling-"

"Home schooling?" Nicholas DiNozzo blurted. "Your Honour, my nephew is currently unable to blink on command much less communicate and this…this stranger is arranging his education?"

"Doctor McNally," Judge Harland said, "would you like to address Mr DiNozzo's concerns or shall I?"

"I'd be happy to," the doctor replied as he rose to his feet at the back of the room. "The brain is a highly complex organ. We are still in the initial stages of determining the extent of Tony's brain injury and the impact it will have on his life now and in the future. Depending upon the severity and duration of his disability, there are various schooling options to consider including rehabilitation, transitional care, a skilled nursing facility or home schooling. Each of these options would provide the medical treatment he needs but in addition to his physical needs, they will also address the stimulation of his other senses. Depending on his progress, re-introduction to a mainstream public or private school may be a possibility. Every child deserves the chance of an education and the opportunity to reach its potential in life, whatever that may be."

"Thank you, Doctor," the judge said. "Mr DiNozzo, should you be awarded custody, I would strongly urge you to discuss these options with Tony's health care team."

"_Should_ we be awarded custody!" Christina DiNozzo spat, unable to remain silent any longer. "I am at a complete loss to understand why this hearing is necessary at all! Tony is our nephew; we love him dearly and he loves us. We are his only living relatives and his place is with his family not with this man who has known him for all of 5 minutes."

Gibbs reached into a large bag he had placed at his feet and removed Tony's family album. It landed in the middle of the conference table with a loud thump, the noise reverberating around the room. He slid the album across the table and it skidded to a halt in front of the DiNozzo's.

"Tony's family album," he said biting back on his anger. "All the important moments of his life from the day he was born; his christening, every birthday, the day he started school."

"Your Honour, please!" Raymond Greenwich blustered, outraged by the break in protocol.

The Judge nodded her head and pinned Gibbs with a disapproving glare.

"Agent Gibbs, as you are no doubt aware, anything you wish to present to this court should be done so via your attorney," she scolded. "...But you have me intrigued. What's in this album that is so important?"

"Not what's in it, Your Honour, it's what's _not_ in it," he answered cryptically.

"I don't understand."

"The DiNozzo's would have you believe that they were one big happy family - the doting aunt and uncle adored by their young nephew. Yet, in a photographic record of Tony's most important milestones the only thing missing…is them," he said pointing an accusing finger. "I may not have spent the last 8 years of Tony's life with him but by the looks of things, neither did they."

"How dare you!" Christina hissed launching herself to her feet. "What gives you the right to come in here and cast aspersions on our family and our relationship with our nephew."

"And if you've got nothing to hide, why rush Tony out of the country before he can confirm or deny your story?" Gibbs shot back.

"Your Honour, I object to Agent Gibbs' baseless accusations," Greenwich protested. "We have already explained the need to expedite this hearing."

"Counselors, you will please instruct your clients to retake their seats and compose themselves," the judge stated. "I will not stand for this type of behaviour under any circumstances."

Both attorneys immediately huddled with their clients, whispering platitudes to calm the situation.

"Mr Chambers," the judge continued after a long moment. "The DiNozzo's had already cited that pressing business matters necessitated their imminent return to Switzerland. Do you or your client have anything else to add?"

"Yes, Your Honour, we would like to know, if the DiNozzo's were such a close family, why they did not attend the funeral of Tony's mother and why they were recently removed from Tony's father's will?"

Colour drained from Nicholas DiNozzo's face while his wife's lips tightened into a furious thin line.

"Really, Judge Harland, this is a custodial hearing," Greenwich said. "My clients are not on trial here and we strenuously object to any attempt by Misters Gibbs and Chambers to portray them as anything other than caring family members who are offering a loving home to their orphaned nephew."

Alistair Chambers passed another folder to the court services officer.

"Your Honour, this is a copy of the last will and testament of Anthony DiNozzo, Senior. It was written following the recent death of his wife and makes no provision for his brother, Nicholas or his sister-in-law Christina; in fact, he was emphatic that they not benefit from his estate in any way."

"Your question Mr Chambers?" the judge said.

"My question is…if Anthony DiNozzo Senior emphatically removed his brother from his will and wanted nothing more to do with him, what makes him think that he would want them to raise his only son?"

Once again Greenwich huddled and whispered with his clients before returning his attention to the others.

"Your Honour, I believe Mrs DiNozzo can best answer that question."

Christina DiNozzo shifted uncomfortably in her chair and brushed a stray piece of lint from the lapel of her Yves St Laurant pantsuit. Clearing her voice with a soft cough, she turned her heavily made-up eyes toward the judge.

"Judge Harland," she said in a soft voice. "Despite appearances, we do not live perfect lives and the DiNozzo family is far from perfect." She added a pathetic sniff and dabbed a tissue at conspicuously dry eyes before continuing. "My brother-in-law was an astute businessman and a man used to having things his own way. He and my husband had a falling out over a bad business venture and Anthony over-reacted by removing us from his will."

"We had our differences but one thing that never changed is that we loved each other. I wish with all my heart that we'd had the chance to make our peace with Anthony and Anna before they died…but all we can do is dedicate our lives to raising their son and loving him as our own…as a true DiNozzo."

Gibbs suppressed the urge to jump to his feet and applaud the Oscar-worthy performance. Glancing quickly to the back of the room he noted Kate folding her arms across her chest and Abby rolling her eyes - they weren't buying it either. All he could do was hope that Judge Harland could see through the charade. The judge gave nothing away as she gathered her notes and stood.

"We'll adjourn for 30 minutes while I review my notes," she said before bustling from the room with the court services officer hot on her heels.

* * *

><p>Time seemed to slow, thickened, like molasses on a winter morning as they waited for Judge Harland to review her notes and deliver her finding. Gibbs stood, ruthlessly self-contained, as Abby and Kate exchanged strained grins and awkward small talk. Gibbs flexed his neck, trying to consciously relax the protesting muscles bunched in his shoulders and back, as his friend of many years sidled alongside him.<p>

"How are you doing, my friend?" Ducky asked.

"Want this to be over, Duck," he replied. "I want them out of Tony's life so we can concentrate on getting him well and taking him home."

"I am certainly no expert when it comes to legal matters but I believe you gave an excellent account of yourself."

"Hope the judge sees it that way."

"If only we could have told Judge Harland that Nicholas DiNozzo, in a fit of pique, put young Anthony into a wall and broke his arm."

"Like I told Kate, we can't prove it and any unfounded accusation is likely to hurt our own chances," Gibbs said kneading the tightness from the back of his neck.

The courts services officer preceded Judge Harland through the door. "Please take your seats," he said.

As Ducky gave Gibbs a reassuring pat on the back, Abby pulled the former marine into a fearsome hug before kissing him on the cheek and returning to her seat. Kate's tight nod of the head was more restrained but no less sincere as she joined the others at the back of the room and Gibbs took his place at the conference table. Breathing carefully, as his stomach twisted with the mounting tension, he brought all his focus to bear on his tightly clasped hands.

"Firstly, let me once again extend my condolences for the tragic deaths of Mr and Mrs Anthony DiNozzo," the judge said. "Although I did not have the pleasure of knowing them personally, I'm sure they would be deeply touched by the generosity and care offered to their young son."

"There are many factors that determine the outcome of a custody hearing. The child's wishes - if the child is of a sufficient age and capacity to make a reasoned decision, the parent's wishes, the child's adjustment to school, home and community, the mental and physical health of all individuals involved and the child's relationship with his/her parents, siblings and extended family members. In this particular case, none of these factors could reasonably be taken into consideration."

"At 8 years of age, Tony is considered by this court to be too young to make a reasoned decision of this kind. However, under the circumstances it is most unfortunate that I am not able to speak with him to satisfy myself of the strength of his relationships with his aunt and uncle and with Special Agent Gibbs as I feel that I am missing an important piece of the puzzle. That being said, I have seen nothing here this morning, that indicates that either party has anything other than the best interests of the child at heart."

"I have no doubt that the custody petition lodged by Special Agent Gibbs was done out of a deep affection and genuine concern for the boy, his constant presence by the boy's side is testimony to that. However, I feel strongly that as Tony faces his ongoing medical issues, he would benefit greatly from the familiarity of having family close by. Therefore, effective immediately, this court has appointed custody of Anthony DiNozzo junior to his Aunt and Uncle, Nicholas and Christina DiNozzo."

* * *

><p>Deep emotions swirled and shifted beneath Gibbs' practiced, polished mask as the words punched the air from his lungs like a sledgehammer. Momentarily lost in desolation, the sound of his own blood pumping through his ears almost overwhelmed him as Abby's quiet sobs and the DiNozzo's celebratory hugs and handshakes faded to background noise. His attorney, Alistair Chambers met his gaze with resolute eyes.<p>

"You get the evidence we need and we'll appeal. We'll get him back," he said, squeezing his shoulder firmly and leaving the room.

By the time Gibbs looked up all but Abby, Kate and Ducky had left the room. He felt the elderly ME's concerned eyes upon him as Abby swiped angrily at her treacherous tears and Kate looked as miserable as he'd ever seen her. He knew they were waiting for him to speak; to somehow make this situation more tolerable but he was hovering on the cusp of his self-control and comforting words were well beyond him. The silence between them mushroomed until the quiet was fractured by the return of Jenny Shepard.

"The DiNozzo's have gone directly to the airport and there's an ambulance waiting to take Tony to the private jet," she said quietly. "I've arranged for you to have a few moments."

Unable to find his voice he nodded his head in thanks and walked resolutely toward Tony's room. The child's loud frightened cry and a familiar voice had him covering the remaining distance at a dead run.

"Put that down, that doesn't belong to you!" Jackson exclaimed.

As the nurses and technicians packed Tony's belongings and equipment, Jackson's attention was split between them and trying to calm the boy who was quickly becoming frightened and distressed by the noise and activity around him. He placed his large hand on the boy's chest, as he'd seen his son do, and began rubbing small circles.

"Shhh…it's okay, Tony…everything's gonna be just fine."

Tony's breathing became short gasping sobs; his mouth opened and closed spilling saliva over his chin and down his neck as his small chest heaved beneath Jackson's touch.

"Prepare the sedative and anti-convulsant," a doctor ordered. "We don't want him seizing during the flight."

"Flight?" Jackson repeated. "What flight? You people aren't taking this boy anywhere until someone tell me what in blazes is going on!"

"Dad?"

The word was spoken quietly from the door and Jackson recognised the pain it contained even before he saw it in his son's eyes. The anguish and heartache scored deeply into Leroy's features spoke the words he could not bring himself to say and Jackson's own resolve faltered briefly before he found his voice.

"When?"

"Now."

They watched silently as the doctor administered the medication to Tony's IV and Jackson stepped back from the bed to allow Gibbs access to the boy. Tony's slender fingers fisted in the sheets with a grip that whitened his knuckles. With his eyes welded shut tears streaked from the corners, spiking his long dark lashes and cutting small trails of misery down his cheeks.

"Hey, sport," Gibbs croaked, his voice thick with emotion.

Tony's head lolled toward his voice and his eyes opened and searched desperately for Gibbs. The former marine placed an open palm against the boy's too warm cheek and wiped the tears and saliva from the his face. The mournful cry from the heartbroken child shredded the remains of Jackson's composure and he turned his head away, not wishing to show the strong emotions playing on his face. Tony's grip transferred from the sheets to fist in Gibbs shirt and he was sure the boy would crawl into his arms if he could. The pull of the sedative hit his bloodstream and as his eyes grew heavy, his breathing hitched and the sobs grew quiet.

Gibbs ran his knuckles gently down Tony's cheeks; first on one side, then the other as he nuzzled his face against the boy's and breathed in the scent of him committing it to memory. He kissed the boy's temple and placed his lips against his ear.

"This is not over, sport," he whispered. "I'll come for you, Tony. I promise, I'll come for you and bring you home."

For a fleeting moment, Tony's eyes seemed to focus and he met Gibbs' intense gaze. His eyelids grew heavier with each blink but remained focussed on Gibbs until they stayed closed and the small body relaxed into a deep drug-induced sleep. Leaning forward again, Gibbs placed another kiss on the boy's temple.

"I promise," he choked.

Jackson placed one hand on his son's shoulder and the other gently on the crown of the sleeping boy's head. He swallowed convulsively around the lump in his throat.

"You be strong, little man. We'll be right here when you come home, you hear?"

With the equipment and Tony's belongings packed, the doctor stepped forward again.

"I'm sorry," he said. "We have a flight to catch. We need to take him now."

"Give us a minute," Gibbs said, signalling to his team who were waiting anxiously in the corridor.

Ducky led the way, smiling sadly at the sleeping boy and reaching out to gently touch the flushed cheeks.

"Travel safely, my boy. Like the young man-cub from your Jungle Book story, you'll soon be back home where you truly belong...at that's right here with us."

Kate brushed aside Tony's damp bangs and placed a kiss on his sweaty forehead.

"We'll see you soon, sweetie," she said, her eyes filling with tears as she turned quickly for the door.

Abby stood with her back against the wall; her eyes awash in an ocean of unshed tears.

"I can't do it, Gibbs, I can't say goodbye to him," she sobbed as the tears finally overflowed.

"S'okay, Abs," Gibbs replied. "He knows."

The doctor signalled for the orderlies who carefully manoeuvred the bed into the corridor. The others followed, watching silently as Tony was wheeled toward the elevator.

"Wait!" Abby shouted from Tony's empty room.

The sound of her high heels clicked noisily on the linoleum floor as she ran after the medical team and drew alongside the bed.

"You forgot someone, Tony," she said softly.

With a watery smile she produced Paddington Bear from behind her back and leaned over the railing to tuck the old stuffie into the bed with Tony.

"Hurry home to us, short stuff," she whispered. "We love you."

As the bed disappeared into the elevator Gibbs tried desperately to shore up the long-constructed emotional shields that were threatening to crumble at any minute. The former marine turned on his heel and made for the nearest stairwell.

"Gibbs?" Kate called after him. "Gibbs wait!"

"Leave him be, Kate," Jackson replied. "I've seen that look before, he needs some time alone."

Watching him go, Ducky silently agreed; the look on Gibbs' face wasn't something you'd easily forget. As a matter of fact, Ducky was perfectly content never to see that much raw pain ever again.

* * *

><p>AN Thanks for reading. SMcG


	9. Chapter 9

Reminder: Some characters will appear in roles that have no correlation to their roles on the show. This is an AU story.

Again, I have taken a few liberties with the medical and legal details to keep the story flowing and to avoid scouring medical and legal journals. SMcG

_**In loco parentis**_

_**Chapter 9.**_

Still shell-shocked by the outcome of the custody hearing and Gibbs' abrupt departure, Kate, Abby, Jackson and Ducky had taken a seat in the ICU lounge.

"I just can't believe it," Abby sniffed, "If the judge had seen how totally great Gibbs is with Tony, she would never had ruled against him."

"I couldn't agree more, Abigail," Ducky said, "however, in Judge Harland's defence, in most cases such as this, custody is granted to a family member. They believe the child will be less traumatised by staying with relatives."

"Not in this case," Abby lamented. "It's so not fair!"

"McGee and Mitchell haven't given up, Abby," Kate said. "Once we have proof that the DiNozzo's paid to have Tony and his father murdered, Gibbs will be on the first plane to Switzerland to bring Tony home."

Kate turned her attention to Jackson, who was staring blindly out of the window and looking older and more frail then she had ever seen him. She knew his heart was aching for his son and the little boy who had come to mean so much to them. Rising from the couch, she stood beside him and placed her arm around his shoulders.

"Come on," she smiled sadly. "I'll drive you home. You'll want to be there when Gibbs gets home."

Acquiescing with a nod of his head, they started for the door when the pounding of running feet grew louder and McGee and Mitchell appeared breathlessly at the door.

"We got it!" McGee exclaimed breathlessly. "The proof…the warrant…we got it! Where's Gibbs?"

He looked at the shocked faces of his colleagues and a feeling of dread overwhelmed him.

"The hearing's over, Tim" Kate said. "The DiNozzo's were awarded custody. They took Tony to the airfield 30 minutes ago!"

"Bentley Airfield's right across town. Maybe we can still stop them from taking off," Mitchell suggested.

"Where's Gibbs, we've been calling his cell." McGee asked.

"Jethro was dreadfully upset," Ducky replied, "he didn't tell us where he was going. Are you able to trace his cell, Timothy?"

"It's switched off," McGee said not hiding his frustration. "Any idea where he'd go?"

Ducky, Abby and Kate shook their heads.

"Your guess is as good as ours," Kate added. "He could be anywhere."

"It's a long shot, but I have an idea where Leroy might be," Jackson said before sharing his thoughts with the others.

"That's on the way to the airfield," Mitchell replied.

"Let's go," Kate said briskly, "Ducky, you're with us, we might need your help with Tony."

"Of course, my dear," he replied, falling into step with the agents he turned quickly for the door.

"Wait!" Abby exclaimed. "What about us?"

"Stay here," Kate said, allowing a smile. "If this goes well, Tony will be back here before you know it."

As Kate turned to follow her team mates down the corridor, Abby pulled Jackson into a crushing hug.

"They'll get him, Jack," she whispered, "just you wait and see. They'll bring Tony home."

* * *

><p>Refreshing the two small vases with pink roses and sweet peas, Gibbs knelt beside the simple marble headstones that marked the resting place of his wife and daughter. His heart ached with the still raw pain of their loss. He wiped the fallen leaves and twigs from the polished marble and gently traced his fingers over their inscribed names.<p>

"He's gone," he whispered hoarsely. "I lost him."

Gibbs had never claimed to be a perfect man. He'd taken lives without remorse and countless times he'd stepped over the blurred line of right and wrong in the name of justice. Since Shannon's death, his three ex-wives laid testimony to the fact that he was far from an ideal husband. Yet, if he was honest with himself, the only aspect of his life that he excelled at was being a Dad. He possessed an inherent natural rapport with all kids, an ability to win their trust and their confidence. To him, nothing was more important or more fulfilling than making a positive difference in the life of a child? After so many years alone he was more than ready, to open his heart and his home to Tony…but his petition for custody had failed and now the boy was on his way to Switzerland and out of his life.

Heaving a sigh that came from deep within his soul, he closed his eyes as his mind conjured an image of his girls. Shannon's bright eyes flashed with her signature feistiness and she balled her fists at her hips. At her side, Kelly's beautiful smile faded into a concerned frown. And though logic and reason claimed it impossible, he concentrated on the images and heard the much-loved voices.

_Much as we love to see you, Gunny, what the heck are you doing here? That little boy came into your life for a reason – he chose you - are you really going to let those…those dreadful people take him away and ruin both your lives? You're a good man, Jethro and you're a great Dad who can offer that boy what no one else can. _

Her eyes softened as she exchanged a smile with their daughter and hugged her close.

_You have a second chance, honey; you have to take it. You get him back and you keep him close…h__e's your family now._

* * *

><p>The repeated sound of a car horn blasted from the parking lot obliterating the serenity of the sacred cemetery grounds and drawing Gibbs from his musings. Standing, he saw the dark agency sedan parked next to his canary yellow Dodge Challenger. Momentarily torn, his mind replayed Shannon's words.<p>

_You have a second chance, honey; you have to take it. You get him back and you keep him close…h__e's your family now._

He was running before he realised he'd made the decision to do so. McGee met him at the cemetery entrance, quickly bringing him up to date. He checked his watch knowing that the scheduled take off was only 10 minutes away and his heart thumped painfully against his ribcage as he called out to his team.

"McGee's with me. Stick close and stay sharp," he said as he slid behind the wheel, gunned the powerful engine and floored the accelerator.

Making their way toward the airfield, the needle on the odometer jumped to 70 mph, as the team leader narrowly missed clipping the rear bumper of a red Prius in front. Gibbs cut right across the path of a Capital Cab that blasted its horn with righteous indignation, then he veered across three lanes and onto the ramp for Bentley Air Field. Behind him, Mitchell ignored the furious gesticulations of the driver of a green sedan as he followed Gibbs' reckless lead.

McGee snapped his cell closed.

"The director's persuaded the air traffic controller at Bentley to delay the flight as long as he can. He can only buy us a few minutes, Boss."

"That's all we'll need," he replied definitively.

They arrived at Bentley Air Field in time to see the private jet taxiing toward the end of the runway in preparation for take-off. Urging every ounce of power from the car's engine, Gibbs sent the Challenger crashing through the barrier onto the runway. Mitchell followed closely behind as both cars sped toward the jet. In a matter of minutes both cars had executed a sharp turn and effectively blocked the aircraft's path.

Not knowing whether there would be gunplay, Kate ordered Ducky to stay in the sedan until he received the all clear. Then, brandishing their weapons and badges at the stunned pilots looking down from the cockpit, the four agents ordered them the power down the engines and open the door. McGee and Mitchell cleared the forward part of the aircraft, ordering the shocked crew and medical team onto the tarmac where they were searched for weapons and found to be unarmed.

Kate and Gibbs went aft, storming into a private cabin at back of jet where Nicholas and Christina were seated for take-off.

"Where's Tony?" Gibbs growled, his voice low and menacing.

Nicholas pointed across the aisle to a smaller room.

"You got 'em?" he asked his senior field agent.

"Oh yeah, I got 'em," Kate replied.

Gibbs retraced his steps and burst through the door of the starboard cabin where Tony lay pale and unmoving on a hospital bed. A doctor stood frozen in shock as he adjusted the IV drip rate.

"Federal agent, step away from the boy!" the former marine snarled.

"What's the meaning of this?" the doctor blustered.

"Move!" Gibbs yelled as McGee appeared at the door.

"Boss?"

"Help Kate and get Ducky in here," he replied as he moved forward and carefully disconnected the IV.

"Wait," the doctor protested. "You can't do that."

"Watch me," Gibbs hissed and with his Sig still trained on the doctor, he sat beside the boy and cupped a hand to Tony's face. "Tony? Tony, can you hear me?"

An incipient panic clawed at his chest when the boy didn't even twitch an eyelash. He tapped his trembling fingers against the young face.

"Come on, Sport, wake up for me? Tony, open your eyes."

"Jethro?"

"Duck, he's not responding, I can't wake him."

Ducky moving forward to take Gibbs' place at Tony's bedside.

"Let's take a look at you, my boy, hmm?"

After listening to his respirations and checking pupil reaction, Ducky gave Tony's sternum a hard rub, frowning when still there was no response.

"Duck?" Gibbs asked anxiously.

"He appears to be very heavily sedated," Ducky replied turning to the other doctor. "How much sedative did you administer?"

The doctor looked warily at Gibbs and handed the ME Tony's chart.

"I was told to keep him sedated for the whole flight," he said.

"Dear God, man, it's nine hours to Geneva," Ducky exclaimed.

"What the hell's going on?" Gibbs snapped.

"It's alright, Jethro, young Anthony's vitals are strong but I'd firmly recommend we get him back to the hospital post haste."

Mitchell appeared at the door to the cabin.

"The aircraft's secure, Boss, The director has more transports on the way."

"Get this guy outta here and get ready to drive us to the hospital."

Gibbs reached for the boy, mindful of the heavy bandaging on Tony's back and the callipers bracing his legs. He wrapped the small limp form in a blanket and carried him down the aircraft stairs toward the car looking around for his senior field agent.

"McGee and I have got this, Gibbs," she said, anticipating his orders.

Nodding his thanks, Gibbs carried his precious cargo and joined Ducky in the back seat of the Challenger. As they started back to the hospital, Gibbs closed his eyes and held Tony close. Resting his cheek against the top of the blonde head, he momentarily lost himself in the wonder of the warm weight in his arms and how the boy's head fit perfectly in the crook of his neck. He placed his lips next to the boy's ear and whispered.

"I gotcha, Tony, I gotcha."

* * *

><p>Upon their arrival at the hospital, Tony had been whisked out of Gibbs' arms and into a trauma room for thorough examination. Now, almost an hour later, Gibbs stared intently at the closed doors, willing them to open with news of Tony's condition. Abby, Jackson and Ducky had long ago given up any attempt at small talk as the silence mushroomed between them.<p>

Gibbs shot to his feet as Doctor McNally pushed through the doors and approached them, a mixture of relief and frustration on his face.

"Doc?"

"Tony's fine, his condition is stable," he said. "He was given a much higher dose of sedative than I would've prescribed but I don't believe there was any intention to harm him."

"Special Agent Gibbs is concerned Anthony may have been given something more…sinister," Ducky stated. "You ran a tox screen, of course?"

"Of course," McNally confirmed with a nod. "Only drugs in his system were sedatives, antibiotics and anti-convulsing meds."

"So…he's gonna be okay?" Abby asked tentatively.

"He's still a very sick little boy," the doctor stressed, "but no worse off for today's adventure."

"Can we see him, Doc?" Jackson asked.

"He'll most likely sleep through the night," McNally told them. "We'd like to monitor him down here for another 30 minutes before transferring him back to his room. You can wait for him there if you'd like."

Another hour passed and Tony was settled back into his room. A foldout bed had been pushed to the far wall for Gibbs. After a brief reunion with the sleeping boy, Abby and Jackson had left for the evening - the scientist promising to locate Tony's things and return in the morning with Paddington Bear, the Jungle Book and Tony's jazz lullaby CD back in the morning.

The shadows of early evening slithered up the side of the building as the indigo sky swallowed the rooftops across from the hospital. As evening turned into night, Tony slept on. Gibbs watched the cavalcade of nurses come and go and, although it wasn't on the agent's agenda, the emotion of the last few days overwhelmed him and he gave in to his body's demand for sleep.

The muted lighting from the corridor indicated the late hour when the first of Tony's heartbreaking screams pierced his consciousness. He was at the boy's side in an instant, gathering him into his arms and speaking soothing platitudes as a nurse silently signalled from the door that she was calling the doctor.

As the screams morphed into heart-wrenching sobs, Gibbs heard the boy calling for his mother and his heart ached for the grieving child. The sobs subsided until all that remained were hitching breath sounds as the small body trembled from the residual effects of the nightmare.

"Hey, Sport," Gibbs said with a gentle smile.

He attempted to change positions but Tony grabbed fistfuls of his shirt and frantically pulled him closer.

"It's okay, I'm not going anywhere. Just wanna take a look atcha, make sure you're okay."

He waited until Tony relaxed his grip and he turned his body until he could see the boy's face. Glistening green eyes, filled with confusion and misery, looked too large for the small face, blotchy with emotion. Gibbs reached for some Kleenex and gently wiped the tears from the flushed cheeks.

"Tony…do you remember me?" he asked.

Sensing the movement behind him, Gibbs knew the doctor was watching from the doorway. A moment passed before Tony nodded his head shyly. He opened his mouth twice to answer before finally his lips formed a word.

"Gibbs," he whispered.

Gibbs' heart soared and his smile lit up the darkened room.

"Atta boy," he said. "You had a bad dream but you're safe, okay?"

The tousled head nodded again.

"You wanna talk about it?"

This time the head shook frantically and his chin began to quiver.

"That's okay…you don't have to talk."

His brow furrowed in concentration as he tried to form words and then leaned heavily against the pillows, exhausted and weak. A few more moments passed before he tried again, this time with more success.

"C-couldn't w-wake up," he managed.

"Just now?"

He shook his head again, frustrated but not defeated.

"Before…t-tried, but c-couldn't." His green eyes, huge and frightened, locked onto Gibbs'. "N-nick, not t-take me!" he said, breathing rapidly. "P-please not take me."

"Hey…and no one's gonna take you," Gibbs said holding him tightly. "I'm right here, okay? No one's gonna take you. Shh."

The former marine held the boy close until his breathing evened out and his head lolled onto Gibbs' shoulder.

"Doc?"

McNally, who had been watching with interest from the door, quickly walked to the bed and checked Tony's vitals.

"It's okay, he's just sleeping," he said. "With the amount of sedative he's had I'm surprised he woke at all."

"He's speaking," Gibbs said.

"It's a good sign," McNally smiled. "It means that the disturbances to areas of his brain that are responsible for speech may not be as severe as we first thought. We'll know more when we can examine him later – for now, you both need to rest."

Buoyed by the first positive news he'd received since Tony was injured, Gibbs' fatigue dissipated. He was under no misconception that Tony had a long and arduous recovery ahead of him and he knew that total recovery was, at best, a long shot. But he was determined to celebrate each small step along the way. Leaning forward, he placed a kiss on the sleeping boy's forehead.

"Good job, Tony," he whispered.

* * *

><p>Jenny Shepard paused at the door to Tony's room and allowed the image in front of her to warm her heart. Gibbs was sprawled on the bed with Tony snuggled against his chest, both sleeping contentedly among the tangle of IV's, Foley catheters and EEG cables. In her role of hospital counsellor she dealt daily with tragedies that saw families devastated by illness or death. As she looked at the small boy, securely cradled in Gibbs' strong arms, she prayed that there would be a happy ending for them both.<p>

She startled when she noticed the piercing blue eyes watching her and felt her cheeks flush with colour. Quietly clearing her throat, she straightened her shoulders and entered the room.

"Good morning. You look like you need this," she said quietly, placing coffee and danish on the tray table.

Gibbs nodded his thanks before trying, unsuccessfully, to manoeuvre himself out from under Tony who squirmed, rubbed his face against Gibbs' shirt and settled back into sleep.

"Ducky told me you guys were back with us," she whispered, gently brushing the bangs from Tony's forehead. "How is he?"

"Bad dreams and a few seizures. He seems settled now," Gibbs said, taking a long drink of coffee and savouring the flavour. "Doc's running more tests today."

"Oh?" she frowned. "Has his conditioned worsened?"

The agent's lips formed a small smile.

"He spoke, Jenny. He knew me, knew my name."

Jenny's face brightened with genuine delight.

"Gibbs that's wonderful," she replied. Her smile faded and she looked apprehensive. "When Ducky told me what happened, I spoke with Child Services. I hope you don't mind but I asked to be assigned as Tony's case supervisor. He's a special boy and I'd like to ensure that he has every support while he adjusts to his new placement."

"New placement?"

Her smile was back.

"Judge Harland wants to speak with you and Tony as soon as he's up to it."

"Think she'll grant custody this time?"

"Once she sees you two together, how could she not?"

* * *

><p>Abby and Kate arrived at the hospital shortly before zero ten hundred. Having retrieved Tony's belongings from the luggage compartment of the jet, they were keen to return them to the boy. They were disappointed to find Tony still sleeping.<p>

"The seizures take a lot out of him," Gibbs stated.

"I thought they were giving him anticonvulsant meds," Kate replied.

"They're having trouble stabilising him."

"Oh, poor baby," Abby cooed.

"There's something else," Gibbs said, his lips twitching with the hint of a smile. "He spoke last night…knew who I was."

"Oh my God, that's, like, the best news ever!" Abby whispered excitedly. "I knew he could do it!"

"That's great news, Gibbs," Kate said.

The former marine was warmed by the joy and relief reflected in both women's eyes.

"He's having trouble forming words but the doc's gonna run some more tests this afternoon. He's pretty sure it's just temporary."

Kate watched as Gibbs sat by Tony's bed, one hand resting on the boy's chest, unconsciously rubbing in soothing circles as he and Abby discussed Tony's progress. Slipping into profiler mode, she noted the calmness and contentment that she had never before seen in her team leader. Despite the enormous challenge of Tony's recovery and ongoing care, Gibbs was relaxed and oozed paternal pride, protectiveness and affection. She smiled to herself – it was a good look on him.

Abby and Kate left to share the good news with the team and Gibbs had no doubt that it would spread like wildfire around the Navy yard. Despite being fiercely protective of his private life, for once, he found he didn't mind a bit. Opening the manual on child fostering, Gibbs spent the next two hours continuing his required reading; pausing when he sensed he was being watched.

"Hey," he said to the sleepy boy in the bed. "Good sleep?"

The reply came in the form of a small smile and a nod.

"You thirsty?"

Another nod had him out of his chair and holding a glass of watered down apple juice to Tony's lips.

"Nice and slow, okay?" he said as Tony sated his thirst and leaned back against the pillows.

"Tony…do you know where you are?"

The boy looked around warily.

"Hospital," he whispered.

"That's right." Gibbs watched as Tony looked worriedly at the IV and the equipment beside his bed, no doubt remembering similar machines at his mother's bedside. "Those machines are giving you medicine."

"Am I…am I dying, too?" His eyes filled and the little blonde head drooped forward in an attempt to hide the traitorous tears.

Gibbs felt his gut clench painfully. This child had already experienced so much death and sickness in his short life. He eased two fingers under the boy's chin and lifted his head until their eyes met, and then he wiped the tears with a gentle swipe of his thumb and looked into their green depths.

"No, Sport, you're not dying," he replied around the lump in his throat. "You were badly hurt by some very bad men. But they're gone now…they can't hurt you anymore. Do you understand?"

The silence grew between them until the tears flowed again and Tony cried.

"What's going to…to happen to me, A-agent Gibbs?" he sobbed. "Who's going to look…look after me?"

Gibbs felt his heart shatter into little pieces but he took a deep breath and continued.

"Tony…it would make me very happy, if you would come and live with me at my house," he said, trying to gauge the boy's reaction. Tony immediately stiffened in his arms.

"Your house?" he croaked.

Gibbs gazed at the boy staring back at him, mouth open, green eyes huge and shimmering with tears. Had he made a mistake? Had he misjudged Tony's feelings? One way or another, he had to know.

"Listen to me, Tony, because this is very important," he said, clearing his throat vigorously and praying that he could find the right words. "Many years ago…I lost my family, too. If you decide to live with me, there'll just be the two of us. But if you'd rather live with another family, we could-"

"No!" Tony cried and Gibbs' heart stopped. Was it too soon? Had he hit the boy too hard with this?

Tony continued to stare at him and Gibbs shifted uncomfortably under the intense gaze.

"You…you want me?" Tony whispered.

"More than anything," Gibbs replied.

"Keep me…keep me safe?"

"I'll keep you safe, Tony," Gibbs vowed.

The staring continued, as the boy remained unmoving, unblinking, and searching for the truth in the man's eyes. He was seemingly unaware of the tears that were streaming down his cheeks, so Gibbs took the opportunity to wipe the boy's face. He looked even younger than his eight years as the agonising silence dragged on.

"If you don't want to live with me, you just have to tell me, okay, Sport? No one will be angry or upset with you. All that matters is you and what you want."

The blonde head drooped again and Tony spoke so softly that Gibbs didn't hear what he'd said.

"Tony…I didn't hear you."

The boy tentatively lifted his head.

"I said…I'd like that," he whispered. "I'd like to live with you."

Unable to hold back any longer, Gibbs gathered the boy into his arms and hugged him tightly, revelling in the feeling of the little arms hugging him back just as tightly.

* * *

><p>The new arrival at the door cast a shadow over the book he was reading and Gibbs looked up to see Director Vance standing at the door.<p>

"Mind if I come in?" he said quietly, in deference to the sleeping child.

"Please," Gibbs replied, nodding to the extra chair.

As he gazed at the boy in the large bed, Vance's dark eyes softened from those of an agency director to those of a father. His forehead creased into a frown as he looked at the equipment beside the bed.

"He's back on the EEG?" he asked.

Gibbs nodded.

"Having trouble stabilising the seizures," he said, unable to hide the concern in his own eyes. "He's sleeping off some more tests."

The director's attention remained on the boy.

"Reminds me when Kayla was in the hospital when she was three. She's fine now, was just one of those things, but I've never felt so scared or so helpless in my life."

Gibbs' eyes narrowed in concern.

"Everything alright, Leon?"

"Everything's fine," Vance replied. "Just wanted to get out from behind the desk and thought I'd drop by and meet the little guy who cost me my best agent."

"Bad timing – had a big day, he just dozed off."

"Sleep is good –it's healing."

"So…you just dropped by?" Gibbs asked, not buying it for a second.

"I wanted to tell you that the DiNozzo's have been charged with three counts of conspiracy to murder. They're both facing a minimum term of 30 years per conviction."

Gibbs remained silent but the muscles in his jaw tensed visibly.

"And I've approved the next four weeks annual leave – any idea when you're taking Tony home?"

"Don't see the judge for two days, Leon. There's no guarantee she'll grant custody this time."

"I heard the last hearing was a close call in a two horse race," Vance said. "One of those horses broke a leg – of course you'll get custody."

"I'll believe it when the judge signs the papers," Gibbs said, feeling a stirring of apprehension.

Vance placed a file on the table in front of Gibbs.

"McGee asked me to give you this. It's the police and background check on your physical therapist. Makes for interesting reading."

"She got a record?" Gibbs asked, snatching up the file and reading the first few pages.

"You gotta be kidding me; she's one of _those _Davids?"

"If by '_one of those Davids' _you mean the daughter of Director of Mossad, Eli David then yes, she one of those Davids," he replied.

"You knew?"

"Not until McGee gave me the file."

"Have you met her, Leon?"

"I've heard her father speak of her – that's all."

"What can you tell me?"

Vance shrugged.

"I don't think Eli was too happy that his only daughter decided to move to America. But you gotta give her credit; takes a lot of guts to set out on your own and leave your family behind -especially when your old man is Eli David. All that matters is that she's well-credentialed and she's good with Tony – the rest is incidental."

Gibbs' concerned blue eyes flicked to the sleeping boy.

"If you're worried, take her on a trial basis. If it doesn't work out, you have an escape clause," he said as he rose to his feet. "I gotta get back."

"You process my resignation yet, Leon?"

"I'm a busy man, Gibbs, I've had other priorities," Vance replied sternly, a small smile ghosting across his lips. "Look after your boy."

* * *

><p><strong>TWO DAYS LATER.<strong>

"Do I have to talk to her?" Tony asked for the umpteenth time.

"Yep, you do," Gibbs replied casually.

"But why?"

"Because Judge Harland is a very smart lady," Gibbs replied. "Her job is to decide what happens to children who can't live with their parents anymore."

"Like me?"

"Yeah, Sport, like you," Gibbs smiled sadly. "She's gonna come by to meet you and she'll ask you some questions. Tony…it's very important that you tell her the truth. If you tell her that you'd like to live with a nice family with other kids, then the Judge will do everything she can to find one for you and make sure you're happy."

Tony's eyes grew wide and he dropped his chin to his chest.

"Don't you want me anymore?"

Gibbs took a gentle hold of the boy's chin and tilted his face until their eyes met.

"I want you…more than you'll ever know," he said. "But the Judge needs to know what you want. This is about you and no one's gonna be mad, if you decide that you'd rather live with a real family."

Tony screwed up his face. Gibbs had noticed the facial exercise seemed to go hand in hand with thinking.

"But you…you have a real family – Abby and Kate and McGee and…and Jimmy and Ducky and Grandpa Jack…aren't they family?"

Gibbs tousled the blonde hair.

"Yeah, Sport, they're family."

A quiet knock at the door and Tony's small body went rigid. Jenny Shepard entered with the diminutive Judge Phylicia Harland. The judge was all business as she greeted Gibbs with a firm handshake but her eyes softened and a radiant smile brightened her face as she was introduced to Tony. She spent a few minutes trying to relax the boy, asking about his interests and his school and patiently waiting for the boy to form his answers. Moments later she turned to Gibbs.

"Why don't we start," she said. "Agent Gibbs, if you and Ms Shepard would wait outside, we'll let you know when we've finished."

Nodding his head, Gibbs rose to leave but Tony grabbed him in a firm hold, his panic building until he was on the brink of hyperventilation. No amount of cajoling could calm the boy, whose EEG started to fluctuate wildly. The judge decided to compromise.

"Under the circumstances, perhaps Agent Gibbs should stay," she said with a wry smile.

"I'll be in the visitor's lounge," Jenny replied, mouthing 'good luck' to Gibbs as she headed for the door.

Jenny entered the lounge and found Jackson and the extended MCRT waiting anxiously inside.

"Is it over?" Abby asked, bounding to her feet. "It can't be over already, can it? That was, like, way too fast. Please tell me nothing went wrong."

"Abigail!" Ducky scolded. "Let the poor woman speak."

Jenny smiled. "They've just started. The judge has agreed to let Gibbs stay while she speaks with Tony."

"That's a good thing, right?"

"Yes, Abby," Jenny smiled. "That's a very good thing."

The hands of the clock on the wall dragged themselves around the face ever so slowly as Abby paced the small room like a caged lion.

"What's taking so long!" she asked for the tenth time. "You don't think…what if she says no…what if Judge Harland decides that Tony should be placed with another family and they take him away again?"

The door to the lounge opened and the judge stepped in, slightly taken aback by the number of people who immediately shot to their feet.

"Ms Shepard," she said. "May we speak in your office?"

"Certainly, Judge," Jenny said as they stepped outside and walked toward the elevator.

Another moment passed in silence before Abby turned to the others.

"I'm going in," she said.

"I'll go with you," Jackson replied, awkwardly getting to his feet and steadying himself with his walking stick.

Together they walked down the corridor to Tony's room. They each took a deep breath and slowly opened the door. Tony was sobbing inconsolably with his arms wrapped around the agent's neck as Gibbs murmured softly to him. Realising they were no longer alone, Gibbs looked up, with unshed tears in his eyes. Abby gasped loudly as her hand flew to her mouth.

"No!" she exclaimed.

"S'okay, Abs," Gibbs choked out.

"No, Son, it's not okay," Jackson growled. "If that darned woman can't see that you and Tony are perfect for each other, she's in the wrong line of work!"

Gibbs and Tony exchanged a startled look that faded to a knowing grin.

"What do ya think?" he asked, gently clipping the boy under the chin. "Should we tell 'em?"

The blonde head bobbed shyly.

"Judge Harland has agreed to give me temporary guardianship while Tony's in the hospital," Gibbs said.

"And then?" Jackson and Abby asked in unison.

"Full custody when I've completed the foster carer's course and home modifications."

Abby and Jackson hugged each other before joining Gibbs and Tony in a group hug. The Hallmark moment was quickly extinguished when Abby drew back her fist and punched Gibbs in the shoulder.

"Ow! Abs! What was that for?" Gibbs whined.

"That's for scaring us half to death," Abby said, starting to pace again. "There's so much to do. I have to tell the others, that is, unless you want to tell them. And I have to start making plans. I need to send invitations…"

"Abs? Invitations to what?" Gibbs asked.

"Invitations to Tony's gotcha party, silly," she replied, like it was the most obvious thing in the world.

"His what?"

She looked from Gibbs to Jackson, taking in their blank looks before sitting on the bed next to Tony and taking his hand.

"Hey, short stuff, you know what a gotcha party is, right?"

Tony's eyes were wide as saucers as shook his head.

"Well, when you get home from the hospital, we'll have a gotcha party. You know why?"

"Why?" he whispered, totally captivated by the charismatic scientist.

"To celebrate that…we've _gotcha_ and we're _never_ giving you back!" She wriggled her fingers teasingly and then started tickling him.

Tony squealed and let go a delightful giggle that echoed in Gibbs' heart as a rare unbridled smile formed on the agent's lips. The little boy's laughter peeled away some of the hurt and grief he'd wrapped around his emotions for too long. He was immediately overwhelmed with a craving and a bone-deep longing to hear more. He made a silent vow to hear the sound of laughter in his home on a regular basis. As he basked in the intoxicating giggles, his mind replayed the words of a much-loved voice.

_Keep him close…h__e's your family now._

* * *

><p>Decided to leave the story here in case I decide to write a sequel. Thank you for your reviews and alerts. I hope you enjoyed it. SMcG<p> 


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